SRI LANKA
Law and order, judiciary fail – Impunity prevails.
Way paved for War Crimes and Crimes against Humanity
Wake up call
to the UN Human Rights Council
Website : www.tchr.net
5th session / 5ème session / 5° período de sesiones
11/06/2007 -- 18/06/2007
Tamil Centre for Human Rights - TCHR
Centre Tamoul pour les droits de l'Homme - CTDH
Centro Tamil para los Derechos Humanos
(Established in 1990)
What was said in the British Parliament
2 May 2007
The Minister for the Middle East (Dr. Kim Howells) - The LTTE is not the only source of violence in Sri Lanka, however. Civilians in Government-controlled areas regularly fall victim to brutal attacks by paramilitary groups, often acting with apparent immunity. Reports of the Government’s links with the faction led by Karuna, a former LTTE commander, concern us a great deal. We believe Karuna and his faction to be responsible for extra-judicial killings, abductions, intimidation of displaced persons and child recruitment. Karuna’s record is appalling, and we will be watching very closely whether he acts on his commitment to the United Nations to address the child recruitment issue. We will want to see clear evidence that he has delivered against his welcome promises. Karuna needs to go further and cease all acts of violence and intimidation against civilians.
There must be no question of the Government of Sri Lanka allowing Karuna to perpetrate those crimes. If they are serious in their desire to find paths to an inclusive, peaceful Sri Lanka that embraces all its peoples and cultures, they must disassociate themselves completely from all acts of abuse, terrorism, intimidation or torture, no matter who commits them or what agency encourages them. (Excerpt)
* * * * *
Mr. Geoffrey Clifton-Brown (Cotswold) (Con - I have been welcomed by the friendly people of Sri Lanka when I have visited. It is therefore especially sad, given its natural richness that the troubles and deep divisions persist on that beautiful island. I note that the Minister visited in February. As he said, the problems have been going on for far too long. The dispute in Sri Lanka does not get as much international attention as it deserves when compared with Darfur, Somalia or Burma. That is a travesty, given the long-standing nature of the conflict.(Excerpt)
* * * * *
Mr Keith Vaz (Leicester, East) (Lab): We have heard the shocking statistics, and it is right that we should repeat them again and again: 80,000 internally displaced people; 900,000 children, 15 per cent. of the total child population, living in conflict-affected areas, and more than 300,000 directly affected by the conflict. The figures have varied between different Members’ speeches, but I have been given the figure of 68,000 lives claimed by the war since 1983, with 4,000 deaths since November 2005, and, according to the United Nations, more than 300,000 civilians displaced by the renewed fighting as of April 2007. We need to take account of those shocking statistics if we are to make progress. (Excerpt)
Tamil Centre for Human Rights - TCHR
Centre Tamoul pour les droits de l'Homme - CTDH
Centro Tamil para los Derechos Humanos
(Established in 1990)
Website : www.tchr.net
TCHR participation in United Nations World conferences and other meetings
* The Tamil Centre for Human Rights (TCHR) officially accredited to participate in the United Nations Conference on Anti-corruption Measures, Good Governance and Human Rights, in Warsaw, Poland 8–9 November 2006.
* A meeting was held on 7 March 2006, in the European Parliament – titled "EU contribution to the peace process in Sri Lanka". This was jointly organised by TCHR and Mr. Robert Evans, a member of European Parliament of Labour Party in UK.
* Accredited by the United Nations to participate in the World Summit on the Information Society – WSIS in Tunisia, 16 – 18 November 2005.
* Officially participated in the NGO forum of the UN World Conference Against Racism – WCAR in Durban, South Africa, from 28 August to 1 September 2001. TCHR held an information stall including an exhibition at the forum. The TCHR representatives also attended the main WCAR conference held in Durban, 31 August to 7 September 2001.
* A meeting was held on 14 October 1998, in the European Parliament – titled "Press censorship in Sri Lanka". This was jointly organised by the Tamil Centre for Human Rights (TCHR) and Ms. Anita Pollack, a member of European Parliament of Labour Party in UK.
* In 1993, held an information stall and a photo exhibition on human rights violations, in the United Nations 2nd World Conference on Human Rights held in Vienna, Austria, from 14-25 June.
* TCHR participates in meetings of Treaty bodies and submits reports to the same.
Fact finding missions to the North East of the Island of Sri Lanka
* May 2003 (http://www.tchr.net/report_studymission_2003.htm)
* December 2003 – addendum report (http://www.tchr.net/report_studymission_2003add.htm)
* July-August 2004 (http://www.tchr.net/reports_visite_2004.htm)
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Table of Contents
Appeal 02
Corruption in Sri Lanka’s Judiciary
Country reports on judicial corruption – 2007, Transparency International 03
Voice Out Corruption Community Interactive 05
Abductions, Disappearances and Extra-Judicial Killings
Missing top Sri Lankan may be dead, says family 06
Red cross workers killed in Colombo 07
Police point fingers at Karuna in Red Cross killing 08
Red Cross / Red Crescent Movement condemns the murder
Secretary General mourns deaths of two aid workers in Sri Lanka 09
UN agencies and partners condemn killings of two Sri Lankan aid workers
British High Commission's Statement on recent acts of violence 10
ICJ inquest observer finds flaws in investigation into killing of ACF aid workers
Law and order, judiciary fail and impunity prevails in Sri Lanka (Summary) 12-23
Ethnic cleansing
Sri Lanka police send Tamils back to their villages 24
Ranil on forced eviction of Tamils
Steps to acquire traditional lands of Muslim community 24a
Batticaloa Farmers affected due to ethnic cleansing! 25
Economic, social and psychological impacts of conflict
Press Freedom and Freedom of Expression
Press Freedom is in peril in Sri Lanka!
A sinister campaign of disinformation in Sri Lanka 26
Questioning of Morning Leader Editor reiterates the urgent need.... 27
Chairman of Standard Newspapers Ltd. Tiran arrested
Release arrested Tiran Alles immediately 28
Young reporter with Tamil newspaper murdered in Jaffna
Appeal by TISL to create an environment to guarantee basic democratic norms 29
Tamil journalist murdered in government-controlled zone
Defence
secretary threatens editor and journalist on Daily Mirror 30
Call for press group finance chief to be
freed
Army said to be holding Tamil journalist who went missing 31
International response
Sri Lanka’s International lobby - unprofessional and undiplomatic 32
EU willing to reconsider aid freeze if need arises 35
World Food Programme (WFP) calls it quits in North-East 36
Sri Lanka - ICRC personnel return to crossing points
Annexes
Letter written to Archbishop of Canterbury by Karen Parker, JD 37
Written statement submitted by International Educational Development 39
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11 June 2007
Ambassador Luis Alfonso de Alba
President
Members and Delegates
5th Session - Human Rights Council
United Nations
1211 Geneva 10, Switzerland
Distinguished Sirs / Mesdames,
Tamil Centre for Human Rights wishes to place before your esteemed honours our latest information report on the violations of human rights and denial of fundamental freedoms perpetrated by the Sri Lankan Government, its armed forces and by the paramilitary on innocent civilians, in the NorthEast, the capital Colombo and other parts of the island.
In this submission to the 5th session, we will be mainly taking stock of decades of human rights violations perpetrated in the Northeast by successive governments that ruled and are ruling the island. We have already documented most of the violations during the recent years. Herewith, we include a summary of abductions, disappearances, killings and massacres that have taken place since 1956 and which have had no inquiry - nor have the perpetrators been arrested and punished. There are many more to be added to the summary of violations.
In the Northeast the human rights situation has been deteriorating for many long years. Genocide, cultural genocide, multiple displacements and a systematic economic embargo to the NorthEast are carried out with authorisation of the government. Impunity is a very serious problem in Sri Lanka. Many notorious human rights violators in the Security forces are encouraged and are allowed to move freely in society - and the violations continue.
In the Northeast, the security forces have created “High Security Zones” in the vacated premises of the IDPs, occupying civilian homes and buildings.
Press freedom and freedom of expression are in peril in Sri Lanka. Journalists are arrested, tortured, abducted, disappeared and killed over-night. Misinformation is heavily used by the Sri Lankan government to distort the real picture of what is happening in the conflict areas.
Sirs / Mesdames, you all are well aware that since last October Diplomats of the European Union took the initiative and the EU presidency tabled a “draft decision 2006/..... Sri Lanka” (A/HRC/2/L.37) in the Human Rights Council. Unfortunately, as anticipated by many, this was unsuccessful in the past sessions and it is doubtful whether it will be successful even during the current sessions.
The victims of human rights violations in Sri Lanka, feel that the International Community is not only failing in its duties regarding Sri Lanka but is also indirectly backing an aggressor which is perpetrating crimes against humanity against a people struggling for their Right to Self-determination.
We urge you to take immediate and effective action during this session of the Human Rights Council.
Thank you,
Yours sincerely
S. V. Kirubaharan
General Secretary
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Corruption in Sri Lanka’s Judiciary
Country reports on judicial corruption – 2007, Transparency International
Sri Lanka has reasonable legal provisions to guard against executive and legislative intrusions on the independence of the judiciary. However, experience shows that constitutional provisions alone cannot protect judicial independence without critical oversight by the media, professionals and academics, as well as public recognition of the need to protect the integrity of the institution. Corruption is one outcome of Sri Lanka’s cowed judiciary. The situation has worsened since 1999 when Sarath De Silva was appointed Chief Justice over protests from national and international judiciary bodies, and attempts by two successive parliaments to impeach him for abuse of power and corruption.
Judicial structure
The Supreme Court is the highest court of the country, comprising between six and ten judges and headed by a chief justice. Among the Supreme Court’s major jurisdictions are constitutional, final appellate and fundamental rights. Below the Supreme Court are the court of appeal, provincial high courts, district courts, magistrates’ courts and primary courts. The Supreme Court has supervisory jurisdiction over all others. Judges have fixed retirement ages of 65, 63 and 61 years in the Supreme Court, the court of appeal and high courts, respectively. Salaries are increased periodically and, although they earn less than lawyers in private practice, wages are adequate. Judges can only be removed by order of the president after an address in parliament based on proven misbehaviour or incapacity. Lower court judges, like other civil servants, retire at 55, subject to annual extensions to a maximum age of 60.
Until 2001 the president appointed the Chief Justice and other high court judges, and the judicial services commission, composed of the Chief Justice and two Supreme Court judges, exercised power of appointment, promotion and discipline over judges in lower courts. A constitutional amendment was introduced in 2001 to prevent political manipulation in appointments to important judicial positions, stimulated by the furor over the Chief Justice’s appointment (see below). The amendment established the constitutional council to screen and ratify presidential nominations to positions in higher courts. The appointment procedure of members of the judicial services commission was also changed, requiring ratification by the constitutional council before confirmation of their appointment. The effects of these reforms have been less impressive than was hoped due to the lack of political will to implement them.
Integrity of chief justice an issue since 2001
In September 1999 the then attorney general Sarath De Silva was appointed Chief Justice by former president Chandrika Kumaratunga. This was an unusual promotion. The usual convention was to appoint the most senior judge on the Supreme Court, in this case Justice M. D. H. Fernando who was well regarded internationally and noted for delivering judgements that fettered executive and legislative power – to
the chagrin of Kumaratunga.
De Silva’s reputation was questioned at the time of his appointment. Two motions pending before the Supreme Court sought to strike him off the roll of attorneys at law on grounds of misconduct and abuse of authority. One of the petitions was lodged by Victor Ivan, editor of Ravaya, a Sinhala weekly newspaper. He accused De Silva of covering up a rape and embezzlement of funds by Lenin Ratnayake, a magistrate and relative, by suppressing documents and providing false information.1 Experts also expressed concern at his appointment, including the UN Rapporteur on the Independence of Judges and Lawyers, who advised the government not to proceed until enquiries into De Silva’s alleged misconduct had been concluded. Kumaratunga disregarded the advice.
A number of other measures were taken to block the appointment. Two parliamentary motions to impeach the new Chief Justice were submitted in 2001 and 2003 on charges of abuse of official power, case fixing for political interests, and shielding subordinate judges and officials engaged in corruption. In both instances, Kumaratunga dissolved parliament before the motions could be examined. The allegations against the head of the judiciary led to great public dissatisfaction with the integrity of the institution.
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Subsequent breaches of the new rules on the appointment of senior judges compounded this situation. According to the 1999 amendment, presidential nominations to the court of appeal and the Supreme Court need to be ratified by the constitutional council, a body comprised of six members appointed by parliament and four ex officio members. Since November 2005 the council has been defunct due to the refusal by Kumaratunga’s successor, President Mahinda Rajapakse, to activate the body on the grounds that smaller political parties had not yet nominated the last remaining member. In June 2006, the president appointed a new judge to the Supreme Court and two others to the court of appeal on the recommendation of the Chief Justice, by-passing the council altogether.
Control of case listing sidelines experienced judges
The Chief Justice also controls which Supreme Court judge hears which case. The Court sits in benches of three for each case. It is the Chief Justice who approves the bench list, nominates judges for benches and appoints a fuller bench for matters warranting a divisional bench.
The counsel appearing in petitions challenging the Chief Justice’s appointment sought a fuller bench in order of seniority, the normal course of action when constituting a divisional bench. Notwithstanding protests by lawyers and the public, De Silva appointed a bench of seven judges in ascending order of seniority, which excluded the four most senior judges.
The decision set a precedent and De Silva has controlled the listing of cases ever since. Prior to his appointment, the convention had been for the court registrar to list cases and the Chief Justice formally to approve it. From 1999 to 2003 the senior Supreme Court judge, Justice Fernando, was excluded from almost all important constitutional cases. This led to his retirement in early 2004, two and half years before the end of his tenure.
There does not presently seem to be a clear policy on conflict of interest in the listing of cases in the Supreme Court. Lay litigant Michael Fernando, who had made the Chief Justice a party in a case, was sentenced to one year’s hard labour for criminal contempt by a bench consisting of the Chief Justice himself and two other judges. Fernando had raised his voice in court and ‘filed applications’.2 Sri Lanka does not have an act on contempt of court despite an ongoing campaign to codify the contempt laws. Instead, judge-made law has laid down strict principles that tilt the balance toward shielding judges from criticism, even when serious questions of integrity and independence are at issue. These laws have been invoked to silence journalists and other critics since 2002 when a media campaign led to the abolition of criminal defamation provisions in the Penal Code.
A corruptible judicial system
The judicial services commission consists of the Chief Justice and two other Supreme Court judges, generally the most senior. At the time of the People’s Alliance government, which came into power in 1994, the two most senior judges were Justices Fernando and Dr. A. R. B. Amarasinghe. De Silva replaced them with two of the least experienced judges from the Court.
The judicial services commission manages the large workforce employed in courts and its purpose is to ensure integrity in judicial administration, the independence of judges in the lower judiciary and the prevention of corruption. Though the commission exercises the powers of appointment, promotion, dismissal and disciplinary control in lower courts, there are no disclosed criteria. Judges who do not toe the political line are warned and, if incorrigible, are dismissed on one pretext or another. Conversely, judges who are politically in line with the administration are shielded from disciplinary action despite evidence of corrupt practices, including bribe taking and the procurement of sexual favours from litigants and junior court staff.3
Survey data from the Marga Institute4 is helpful in displaying the breadth and depth of corruption in the lower judiciary. An in-depth survey in 2002 of 441 legal professionals and litigants, all with experience with the judiciary, revealed that 84 per cent did not think that the judicial system was ‘always’ fair and impartial, and one in five thought it was ‘never’ fair and impartial. Among judges, lawyers and court staff, 80 per cent considered the judicial system was ‘not always’ fair and impartial. Among respondents as a whole, 83 per cent held that the judicial system was corruptible with a mere 17 per cent holding that it was never corruptible.
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The same survey showed that of 226 incidents of bribes reported by judges, the largest single bloc of officials who benefited were court clerks (32 per cent). Bribes were typically offered to influence the issuance of a summons and choice of the trial date. Other beneficiaries were public prosecutors, police and lawyers. The lowest incidence of bribe taking was among judges. It is worth noting, however, that it was judges who identified at least five of their colleagues as bribe takers.
Recommendations
● Random listing of cases in higher courts plays a key role in protecting judicial integrity and prevents abuse by judges or officers for private gain. No judge should be able to access a case record except in the exercise of judicial duties. Rules guiding listing of cases must be published.
● An effective system should be designed to review the functions of the judiciary and hold judges accountable for their actions. The absence of a process for reviewing judgements and other judicial orders is unhelpful, as is judges’ excessive involvement with administrative matters.
● The impeachment of judges cannot be fairly and effectively achieved by parliament because a judge with political affiliations can prevent such a move. An independent panel of Commonwealth judges should be convened to probe allegations against Sri Lankan judges.
● The behaviour of the Chief Justice is crucial to the integrity of a judiciary. The government should take the longstanding allegations of impropriety against the current incumbent before an independent panel of inquiry.
● The lower judiciary should be protected from the arbitrary and mala fide decisions of the judicial services commission.
● A code of judicial ethics, covering conflict of interest, general social comportment and pending cases against judges, must be adopted and published.
● Judges’ associations should be free to function without direct or indirect interference from the judicial services commission or the Chief Justice.
● Any aid or financial assistance to the judicial branch must be transparent and any personal benefit that accrues to a judge should be based on disclosed criteria.
Kishali Pinto Jayawardana and J. C. Weliamuna (TI Sri Lanka, Colombo)
(http://www.transparency.org/publications/gcr/download_gcr#7 - Page 275-278)
Voice Out Corruption Community Interactive
Transparency International Sri Lanka (TISL)
Tuesday, January 23rd 2007
Transparency International Sri Lanka Chapter (TISL), the only national organization committed to rolling back corruption is initiating a process to receive complaints on corruption in Tsunami reconstruction work. While conducting its recently concluded Value for Money Audit project and Tsunami Responses project TISL realized the inadequacy of a public complaint procedure on corruption in tsunami recovery process. TISL realizes that any negative public sentiments on tsunami recovery process should be substantiated with relevant information. Presence of a forum to receive such information is paramount in this regard.
The programme will be implemented for a period of five month in which one month will be totally allocated to receive complaints. Complaints can be lodged through the hotline (5627432) or be sent through fax (011 2592287), regular mail (28/1, Buller’s Lane, Colombo 07) or e-mail (voicecorruption@tisrilanka.org) till the 28th of February 2007. Complaints are welcome from all tsunami affected districts and complains can be lodged in Sinhala, Tamil or English.
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All complaints with substantial evidence will be analyzed to measure the problematic areas in the recovery process while channeling them to relevant authorities where appropriate. (namely Ministry of Public Administration and Home Affairs, Commission to Investigate Allegations of Bribery or Corruption, Auditor General’s Department, RADA and Colombo Fraud Investigations Bureau). In addition to the complaint procedure a research will be conducted to collate so far reported corruption cases in media. A follow up will be conducted to look into their current status. Public forums giving an opportunity for the public to directly share concerns and experiences with TISL officials will be held in Hambantota, Matara, Galle, Kalutara and Colombo in March and April. The dates of public forums will be announced later.
Press releases will issues on regular basis to divulge the project experiences to the public. TISL strongly believes that this effort will be another step to mount pressure to lobby for policy level changes in order to minimize corruption in Sri Lanka while creating a public discussion on the subject.
Rukshana Nanayakkara
Project Director
Abductions, Disappearances and Extra-Judicial Killings
Missing top Sri Lankan may be dead, says family
Indiaenews, Monday June 04, 2007 - A respected Sri Lankan academic who disappeared from Colombo six months ago and was believed to have been seized by a pro-government Tamil group has probably been killed, his distraught family said Monday.
After hoping against hope all these months that S. Raveendranath, who headed the Eastern University of Sri Lanka when he went missing Dec 15 last year, was alive a key family member now said that they feared the worst.
Amid media reports that the breakaway Karuna group of the Liberation Tigers of Tamil Eelam (LTTE) had murdered him, Raveendranath's doctor son-in-law M. Malaravan told IANS over telephone: 'Now I don't even have one percent hope of seeing him alive.'
'I don't know what to do,' said a despairing Malaravan, an eye surgeon in a Colombo hospital. 'My mother in law has collapsed, she is crying non-stop. Our family is in a bad shape. Nobody in the government is telling us anything.
'This is so sad. All these months we kept on hoping that he would be released one day. We wanted him in our midst.
'I am literally begging the authorities to at least confirm if this news about his death is true. Even unofficially no one in the government is speaking.'
The 36-year-old surgeon, who is married to one of Raveendranath's two daughters, said Tamil sources were telling him that the worst was true. Asked if he had any hope of seeing his father-in-law alive, Malaravan replied in the negative.
But there is no trace of Raveendranath's body. Several people abducted in Sri Lanka in recent times have disappeared. In some cases, bodies have turned up - with gunshot wounds.
Even by the standards of a strife-torn country where human rights abuses and disappearances have become the norm, Raveendranath's case attracted attention in academic circles worldwide because of his standing and international links.
Raveendranath was attending an international meeting in Colombo when he disappeared from a supposedly high security area of the Sri Lankan capital. No one ever claimed responsibility for the crime.
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The abductors, widely believed to be from the Karuna faction, apparently wanted Raveendranath, who was from the island's north, out of the Eastern University near the eastern town of Batticaloa, in a zone they consider as their own.
The academic's problems came in the open when armed men kidnapped the dean of the arts faculty of the university in 2005 demanding Raveendranath's exit.
He sent his resignation as vice chancellor to the University Grants Commission, and soon the dean was freed. According to the family, the UGC told him to work in Colombo. He complied and thus remained the vice chancellor.
After two mysterious telephonic threats, Raveendranath asked UGC to relieve him. The UGC refused. And he disappeared Dec 15, becoming the most high profile of Tamils who have gone missing in Sri Lanka in recent times.
The worried family issued public appeals urging the kidnappers to treat him kindly, pointing out that he was a diabetic and suffered from hypertension, both of which needed regular doses of medicines.
The abduction was widely condemned. Messages of solidarity poured in from Western academic circles including the US, Britain, France, Denmark, France, Sweden, Canada and Japan.
Malaravan knocked on every single door in Colombo seeking justice, meeting even President Mahinda Rajapakse. But his father-in-law remained missing. 'Now it seems it is all over,' he said. 'I have taken leave to take care of the family.'
Red Cross workers killed in Colombo
BBC Sinhala service, 3 June 2007 - The International Red Cross in Sri Lanka says two of its volunteers have been abducted and shot dead by gunmen claiming to be policemen.
Their bodies were found in Kiriella, near central Sri Lankan town of Ratnapura. The two, both from the Tamil community, had been seized at the Colombo fort railway station in the capital on (1 June) Friday night. The bodies were identified as Sinnarasa Shanmugalingam, 32, Secretary of the Sri Lanka Red Cross (SLRC) Volunteer Unit and Karthikesu Chandramohan, 27, Assistant Executive Officer.
Abducted in Colombo
The deaths mark the worst attack against aid workers in Sri Lanka since the killings of seventeen French aid workers in August (2006). The two workers were abducted by unknown people came in a white van while waiting for a train to Batticaloa, head of SLRC Batticaloa branch K Vasantharajah said.
Six SLRC employees were waiting at the station to return home after attending a two-day workshop in Colombo, he added.
Police reaction
Police said the investigations are being carried out over the killing of aid workers. Deputy Inspector General (DIG), S Prathapasinghe, told BBC Sandeshaya that there was no link between the Criminal Investigation Department (CID) and the abduction. A Sri Lanka Army statement said the abductees have arrived in a white van bearing registration No 251- 6437. DIG Prathapasinghe said police are they are trying to trace the address. (Excerpt)
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Police point fingers at Karuna in Red Cross killing
Top TMVP official dismisses charges, claims victim a relative
Daily Mirror, 5 June 2007 - In the latest twist to the abduction and killing of two volunteer workers of the Sri Lanka Red Cross Society, police yesterday said they suspected the vehicle used in the abduction belonged to the Karuna faction.
Sabaragamuwa Province DIG Sarath Perera said they had identified the number of the vehicle used in the abduction and suspected the vehicle was being used by the Karuna faction. Police also said the vehicle had been seen in the area on the day of the crime.
However the Karuna faction denied any hand in the killing and claimed one of the Red Cross victims was a close relative of a high ranking official in Karuna’s Colombo office.
Thamil Makkal Viduthalai Pullikal (TMVP) peace secretariat Chief Mahesh told the Daily Mirror Mahadevan Chandramohan (27) was his cousin. The victim who earlier resided in LTTE controlled areas in Batticaloa had later moved into cleared areas in Chenkaladi and joined the Sri Lanka Red Cross (SLRC).
“He was my mother’s sister’s son and was the only boy among seven in the family. I was shocked to hear of his untimely death and am grieving together with my family. We don’t know who did this but it has become an easy route for many to blame Karuna,” Mr. Mahesh said.
While condemning the brutal slaying of his relative together with another colleague, both who were Tamils and residents of Batticaloa, Mr. Mahesh admitted as the TMVP had many enemies the crime could have been committed by anyone. He said the TMVP was also trying to identify the perpetrators.
The latest enemies of Karuna is the group led by his former ‘supreme commander’ Pillayan following a bitter split between the two sides but Mr. Mahesh did not point fingers at anyone over the killings.
Meanwhile the CID recorded statements from four fellow workers who were with the two victims at the Fort Railway Station when the abduction took place. They were waiting for the Batticaloa train after participating at a workshop for Red Cross workers at the Mount Lavinia Hotel.
The victims were abducted last Friday and their bodies with gunshot injuries were found on the following day dumped in a tea estate in Kiriella.
The witnesses stated that five persons claiming to be CID officers arrested the victims and took them in a white van. DIG, of the Criminal Investigations Department W.B.Prathapasinghe who denied any involvement of the CID in the arrest of the victims said a special police team was sent to Batticaloa to record the statements of the witnesses.
President Mahinda Rajapaksa and opposition leader Ranil Wickremesinghe were among those who paid their last respects to the victims whose final rites will take place later today.
Red Cross / Red Crescent Movement condemns murder of
Sri Lanka Red Cross staff
Joint press release by the ICRC, the International Federation of Red Cross and Red Crescent Societies and the Sri Lanka Red Cross Society Colombo/Geneva – The International Red Cross and Red Crescent Movement strongly condemns the abduction and murder of two Sri Lanka Red Cross Society staff members which occurred in the capital Colombo on 1 June.
Sinnarasa Shanmugalingam (32) and Karthekesu Chandramohan (26) had worked for the Batticaloa branch of the Sri Lanka Red Cross for many years. They had been in Colombo attending a training workshop organized by the Sri Lanka Red Cross national headquarters. At about 6.45 p.m. on 1 June they were abducted from Fort railway station in Colombo by unknown men while waiting to return to Batticaloa. Their bodies were found on 2 June at the Dumbara Estate in Kiriella, Ratnapura district.
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"We are shocked by these brutal murders and wish to convey our sincere condolences to the family members and colleagues of the dead", said Sri Lanka Red Cross director general Neville Nanayakkara. At the same time, the Movement calls upon the Sri Lankan authorities to carry out an immediate and comprehensive investigation into the killings.
The Movement reminds the parties to the conflict that murder is prohibited
under international humanitarian law, and that they must respect the work of
humanitarian agencies and refrain from any acts that might jeopardize
humanitarian staff or activities. It also urges them to take all necessary
measures to ensure that aid workers assisting the civilian population and
persons not or no longer taking part in the hostilities are spared from attack
and can move freely and safely.
The International Red Cross and Red Crescent Movement will carry on with its
conflict-related and post-tsunami work in Sri Lanka. (ICRC
Press Release 07/724-06-2007)
Secretary-General mourns deaths of two aid workers in Sri Lanka
4 June 2007 – United Nations Secretary-General Ban Ki-moon today condemned the brutal killings of two employees of the Sri Lankan Red Cross at the weekend and offered his condolences to their families.
Mr. Ban demanded that the police thoroughly investigate the incident and reminded the Government of its obligation to investigate the murders of 17 Action Contre la Faim aid workers who were killed 10 months ago, according to a statement released by his spokesperson.
“The Secretary-General is deeply concerned about the security of civilians and aid workers in Sri Lanka and reminds all parties in the country that aid workers have a right to protection at all times,” the statement said.
Mr. Ban has spoken out repeatedly this year against the intensifying violence between the Sri Lankan Government and the Liberation Tigers of Tamil Eelam (LTTE) and called for them to return to the negotiating table.
UN agencies and partners condemn
killings of two Sri Lankan aid workers
5 June 2007 – United Nations agencies and their partners on the ground today condemned in the strongest possible terms the brutal killings of two workers of the Sri Lankan Red Cross, warning that this is a sign of intensified danger for relief personnel.
In a statement issued today, the Inter-Agency Standing Committee (IASC) country team in the South Asian country – comprising UN agencies and its partners including the non-governmental organizations (NGOs) Oxfam and Save the Children – said that the circumstances surrounding the abduction and killings of the workers demand that the police investigate the case thoroughly.
“The IASC is deeply concerned about the security of all aid workers in Sri Lanka,” the Committee said, recalling that just ten months ago, 17 aid workers from Action Contre la Faim (Action Against Hunger) were killed in Sri Lanka.
“These latest killings are an ominous sign of an evolving situation in which aid workers are facing increasing difficulties in delivering assistance to needy populations.”
The Committee’s members called for those behind the killings to be brought to justice and for confidence to be restored to the humanitarian environment.
Yesterday, Secretary-General Ban Ki-moon condemned the killings, voicing concern about the security of civilians and aid workers in Sri Lanka and reminding “all parties in the country that aid workers have a right to protection at all times,” according to a statement by his spokesperson. ( UN News Centre)
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British High Commission's Statement on recent acts of violence
05/06/07 - The British High Commissioner said today,
"Two recent incidents highlight how serious the security situation and breakdown in law and order in Sri Lanka has become.
Over the last week a bomb was set off, almost certainly by the LTTE, in a crowded street in Ratmalana during rush hour. Seven people, innocently going about their everyday business, lost their lives. Then, over the weekend, two workers for the Sri Lankan Red Cross were abducted in Colombo and brutally murdered. These incidents took place against a backdrop of increased fighting between the armed forces and the LTTE in the north of the country.
The Ratmalana bomb and the murder of the Red Cross workers were both appalling acts. I would like to send my deepest sympathies to the families and friends of those killed. Targeting people who work for the Red Cross, an organisation renowned for its strict neutrality and determination to assist those in need irrespective of their origins, is particularly contemptible.
The internal conflict and the violence connected to it are doing immense harm to the country. The longer the violence continues, the further the country gets from the conditions in which a lasting, negotiated peace can be obtained." (British High Commission, Colombo)
Sri Lanka – ICJ inquest observer find flaws in investigation
into killing of ACF aid workers
23 April 2007 - The International Commission of Jurists (ICJ) today released the report of its observer of the inquest into the killings of 17 aid workers in Sri Lanka in August last year. Senior British barrister, Michael Birnbaum QC, found significant flaws in the investigation carried out by the local police and the Criminal Investigation Department (CID).
The report recommends the establishment of a team independent of the police and security forces to investigate this crime, to identify the perpetrators and to report to the Attorney-General, who should then ensure that those responsible are prosecuted. The ICJ also recommends the establishment of a comprehensive witness protection programme.
In the first week of August 2006, 17 aid workers of Action Contre la Faim (ACF) were shot dead at close range in the grounds of the ACF office in Muttur, Sri Lanka. The killing took place in the aftermath of a battle for control of the town between the security forces of the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE). To date, the CID has not identified the perpetrators of this crime.
The ICJ's observer based his report on his observation of inquest proceedings in Kantale in November 2006 and March 2007; analysis of court records, police reports and forensic reports; and meetings with both Magistrates who heard the inquest, the CID, the Secretary to the Ministry of Justice and Law Reforms, and the lawyer for the families of the victims, amongst others. The report examines in detail the police investigation into the killings and the course of the inquest proceedings.
The ICJ acknowledges the inherent difficulty of investigating serious crimes such as these killings, particularly in the context of a violent armed conflict and that the CID's investigation is continuing.
Nevertheless, the observer identifies evidence of a disturbing lack of impartiality, transparency and effectiveness of the investigation to date, including the following:
10
Official police reports indicate that from the outset, prior
to any investigation, the police had decided that the LTTE were responsible for
the killing.
Collection of evidence has been incomplete and inadequate. In
particular, the CID has not interviewed any member of the Sri Lankan security
forces, nor any Tamil, apart from the family members of those killed.
There are a number of unanswered questions as to the finding,
description and transmission of the ballistic exhibits. The observer made a
detailed analysis of the relevant documents and reports and found many apparent
inconsistencies. Concern is raised regarding the failure of police to obey
certain orders made by the second Magistrate, in particular an order that the
ballistics exhibits should only be opened in the presence of an Australian
expert.
On 4 September, the Judicial Service Commission (JSC), via the Secretary to the Ministry of Justice and Law Reforms ordered the Muttur Magistrate, who had already conducted three hearings in the inquest, to transmit the case to the Magistrate of Anuradhapura. The ICJ observer found no provision in Sri Lankan law that could justify the substitution of one magistrate for another, especially at such an advanced stage in the inquest proceedings. The substitution amounted to an unwarranted interference in the proceedings and was not in accordance with international standards.
The observer found that both magistrates had conducted the inquest with sensitivity and fairness and that the improper substitution did not compromise their independence and impartiality.
The ICJ is making a number of recommendations elaborated in the report, including that the Government of Sri Lanka should:
establish a team of investigators independent of the police
and security forces to investigate this crime and identify the perpetrators;
establish a witness protection programme that could include
provision of protection by security personal not associated in any way with the
Sri Lankan police or military, use of pseudonyms for witnesses, evidence given
in camera, evidence given via video link, relocation of witnesses, including
the possibility of relocation outside of Sri Lanka;
seriously consider reforms of the criminal justice system to
ensure impartial and effective investigations and independent decisions as to
prosecution.
The report also makes recommendations to the Presidential Commission of Inquiry (CoI), appointed in November 2006 to look into 15 specific past human rights violations including the ACF killings, regarding witnesses it may wish to call and lines of enquiry that could be pursued.
The ICJ urges the GoSL to ensure that whatever the outcome of the CoI, every effort is made to identify and to prosecute those responsible for the killings through the criminal justice system.
The ICJ expresses it condolences to the families, friends and colleagues of the victims.
(Please refer – page 26, for abduction and killing of journalists)
11
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice delayed, justice denied
(Salient violations - many more to be added)
Justice denied
Month/Year Type of violation No action
1948 On 15 November 1948 Citizenship Act and the laws of disenfranchisement were enacted and adopted,
the Tamils of Indian origin Tamils in the hill country (plantation Tamils) were deprived of selecting their
representatives to the Parliament. More than a million plantation Tamil workers were rendered stateless. Case ignored
1956 On 5th June 1956, about 300 Tamil volunteers along with Tamil parliamentarians staged a sit down Police turn a
Satyagraha (peaceful protest) on the Galle Face Green, in front of the Sri Lanka Parliament, against blind eye to this
the 'Sinhala Only' Bill introduced by (Prime Minister) Bandaranaike. Satyagrahis were beaten up some riot. No inquiry;
Tamil Satyagrahis were thrown into Beira Lake near the Parliament by the Sinhalese thugs. The riots no-one punished
against the Tamil community was instigated by the government and actively supported by the Sinhalese
organisations and Bhikkus (Buddhist priests).
Killed 150 Raped 20 Injured 300 Displaced 3000 No action taken
1957 26 July an agreement known as “Banda Chelva” pact was signed between Bandaranayke and ----------
Chevanayagam. This agreement was based on a quasi federal system devolving certain powers to the
Tamils in the North East provinces.
1958 In April the “Banda-Chelva” pact was unilaterally abrogated by the Prime Minister Bandaranaike due to
vehement protests staged, Buddhist clergy and Sinhala political leadership.
Police turn a
Anti-Tamil pogrom broke out in the island. Many Tamils were massacred and million of rupees worth of blind eye to this properties belonging to the Tamils looted and destroyed. Over 35000Tamil refugees were relocated from riot.
Sinhalese areas were relocated from Sinhalese areas to Tamil areas in the North. Perpetrators
not punished
On 25 May, in the government sugar-cane plantation at Polonnaruwa and Hingurakgoda, the Sinhala thugs
assaulted the Tamil labourers remorselessly. The Sinhala thugs set fire to the sugar canes and burnt or
hacked to death 500 Tamils in Polonnaruwa and Hingurakgoda. Violence spread to the Southern part of
the island wherever the Tamils live. The passing cars and trains were stopped by mobs and the Tamil were
butchered, houses were burnt with people inside and there was widespread looting.
1958 Killed 355 Raped 100 Injured 350 Displaced 35000 No action taken
1960 Arrested 60 Raped 15 Injured 200 -do-
12
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice denied
Month/Year Type of violation No action
1961 Non-violent civil disobedience campaign was launched by the Federal Party in Jaffna. No inquiry
The government reacted violently by sending Police and military forces to Jaffna to suppress the agitation. No arrests
Non-violent (Satyagrahis) demonstrators were attacked by Sri Lanka army in Jaffna. Many Tamil politicians
were arrested. Anti-Tamil pogrom broke out in areas where Sinhalese were in a majority.
1972 Denial of equal University education (Standardization) to the Tamil students. No action taken
Arrested 37 Injured 18 -do-
1973 Arrested 35 Injured 24 -do-
1974 On 10 January, Police unleashed an unprovoked violent attack on those attending the prestigious Commission
“4th World Tamil Research Conference” in Jaffna, leaving nine innocent civilians dead. appointed.
Perpetrators
Arrested 2 Killed 9 Injured 15 not punished
Outcome nothing
1977 In July, Tamil United Liberation Front-TULF, won overwhelmingly at the Parliamentary election giving
them a mandate to establish the “Right to Self-determination” of Tamil Eelam in the North East. The TULF People's
became the major opposition party in the parliament. Anti-Tamil pogrom occurred immediately mandate ignored
after elections in the areas where Sinhalese were in the majority killing hundreds of Tamils.
Arrested 45 Killed 150 Raped 90 Injured 35 Displaced 150000 No action taken
1979 Arrested 150 Disappeared 22 Killed 13 Raped 13 Injured 15 -do-
1981 In June, Increased military repression in the North. The Jaffna Public Library was burnt down by
the Sri Lankan armed forces, allegedly under the direction of two senior government ministers, No inquiry
Gamini Dissanayake and Cyril Matthew. 95,000 volumes of books including numerous culturally No arrests
important and irreplaceable manuscripts and the buildings were totally destroyed by arson. Perpetrators
The Jaffna city market, the office of the Tamils daily newspaper “Eelanadu”, the office of the not punished
political party TULF were burnt down by the Sri Lanka security forces.
An anti-Tamil pogrom broke out in the island. Many Tamils were killed and looting
of the Tamils properties were widespread.
Arrested 200 Disappeared 4 Killed 35 Raped 50 Injured 37 Displaced 5000 No action taken
13
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice denied
Month/Year Type of violation No action
1982 Arrested 300 Killed 47 Raped 45 Injured 22 No action taken
1983 Major anti-Tamil pogrom took place in July all over the island with the buoyed up support of the No inquiry
government. Thousands of Tamils fled the country and went to India and to Western countries. No arrests
Billions rupees worth of Tamils properties was looted and destroyed by the Sinhala rioters. Perpetrators
Between 27-28 July, 53 Tamil political prisoners were massacred inside the walls of the not punished
Welikadai prison in Colombo by the Sinhala inmates.
Arrested 1425 Disappeared 571 Killed 6000 Raped 750 Injured 3383 Displaced 250000 No action taken
1984 On 28 March, busy market town of Chunnakam in the Jaffna peninsula, Sri Lankan Air force personnel No inquiry opened fire killing 22 and injuring many. No arrests
On 11 August, 16 Tamil male passengers on their way to Colombo were killed by the Army in civil dress. Perpetrators On 2nd December, 27 Tamils from Cheddikulam and Chemamadu were killed by the Army. not punished
Arrested 8257 Disappeared 203 Killed 872 Raped 214 Injured 1720 No action taken
1985 On 9th April, 75 civilians were shot dead by the Sri Lanka army in Valvettithurai. No inquiry
On 15 May, "Kumuthini" a passenger ferry between the island of Delft and Punguduthivu, via Nainathivu No arrests
was stopped at mid-sea by the Sri Lankan Navy personnel, and the Navy personnel got into the ferry Perpetrators
and cut to death 36 passengers, including women and children. not punished
On 17th May, 60 young Tamils were killed in Thambiluvil by STF -do-
On 31st May, 37 Tamil youths were killed by the security forces went on a rampage in Thanganagar, -do-
Kiliveddy in Trincomalee.
On 16th August, more than 200 Tamil people were killed in Vavuniya by the Army who went on the rampage -do-
On 16 November, the Special Task Force arrived at Bar road in Batticaloa and shot dead nine Tamil civilians. -do-
Looted and burned 15 shops and several houses.
On 18 September, 46 Tamil refugees were killed in Jaffna by the security forces -do-
On 27 November, Sri Lankan soldiers and Home Guards entered four adjoining villages of -do-
Sampoor in the Trincomalee and killed 22 Tamil civilians and burnt down 165 homes.
On 27 November, in a search operation by the Security force, 24 Tamil fishermen shot dead and many missing -do-
in the coastal village of Mandur in Batticaloa.
Arrested 3616 Disappeared 246 Killed 777 Raped 399 Injured 1372 Displaced 1000 No action taken
14
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice denied
Month/Year Type of violation No action
1986 On 19 January, more than 24 Tamil civilians were killed by the security forces in Iruthayapuram No inquiry
On 25 January, the Army soldiers fired indiscriminately at about 75 passengers waiting to board a train at Kilinochchi No arrests
railway station. In this incident 12 civilians including women and children killed by the soldiers. Perpetrators
On 19 February, Special Task Force rounded up 60 Tamil farm workers in a paddy field and shot them all not punished
at Udumpankulam in Amparai district. -do-
On 19 February, 80 mainly Tamil farm workers were killed and their bodies burned in remote spot near the town -do-
of Akkaraipattu Amparai district.
On 20 March, 16 Tamil villagers were killed by the Sri Lankan army in a cordon and search operation -do-
in Eeddimurichchan, Nedunkerni. Many houses were burnt and shops were looted.
On 10 June, 35 fishermen from Gurunagar, Jaffna who went for fishing in a boat named "Thuya Oli" were shot dead -do-
by the Sri Lanka Navy.
On 20 June, 36 refugees from Gurunagar, Jaffna on a boat bound to India were shot at by Sri Lankan Navy -do-
at Nachchikudah, Mannar.
On 26 June, 16 civilians in Sambaltivu, Trincomalee were killed in search operation by the Sri Lankan army -do-
On 28 June, 8 civilians were tied to trees and executed tin the course of a cordon and search operation in Paranthan -do-
by the Sri Lankan soldiers.
On 28 June, thirty four Tamil civilians, including women were found hacked to dead in the jungle near -do-
Thampalakamam in Trincomalee district. The victims were abducted and hacked to dead by Home Guards -do-
On 13 July, Sri Lankan soldiers who launched a cordon and search operation in Adampan, Mannar,
killed 48 Tamil and Muslim.
On 16 July, 44 Tamil civilians, mostly refugees, were deliberately shot and killed by the Sri Lanka army in the villages -do-
of Peruveli and Manalchenai in the Trincomalee district.
On 17 July, 10 passengers who were travelling in a bus were killed when a Sri Lankan helicopter opend fire at the -do-
bus in Thanduvan in Mullaitivu district.
on 19 September, Commandos of the Special Task Force (STF) went on a rampage in the Batticaloa town and -do-
killed 12 civilians.
On 12 October, Sri Lankan army soldiers shot dead 21 civilians in Admpan, North West Mannar. -do-
On 11 November, 23 people were killed and a further 21 gone missing when Army soldiers went on a rampage -do-
at Periya Pullumumalai, Batticaloa. During the course of this incident three Tamil women were raped and killed.
Arrested 4675 Disappeared 178 Killed 889 Raped 475 Injured 1560 No action taken
15
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice denied
Month/Year Type of violation No action
1987 An economic embargo was imposed by the Sri Lankan government on the Jaffna peninsula. Prohibited on SL Judiciary
Food including milk infants, fuel, medicine and all other important items fully accept this
decision despite
humanitarian
crisis for
civilians
On January 28, 87 civilians were killed at Kokkaddichcholai in Batticaloa district by the STF. Perpetrators
not punished
Arrested 2935 Disappeared 1303 Killed 3714 Raped 1257 Injured 8062 Displaced 297250 No action taken
1988 Arrested 2460 Disappeared 1253 Killed 2929 Raped 1219 Injured 4502 Displaced 253000 -do-
1989 On 2 August, over 50 civilians in Valvettiturai in Jaffna Peninsula by the Indian Peace Keeping Force. No action taken
This massacre by the IPKF was known as "India's Mylai". No inquiry
(IPKF massacres will be reported separately)
Arrested 4761 Disappeared 1528 Killed 1475 Raped 1031 Injured 2858 No action taken
1990 Since 21 June - Hundreds of people in northeast have reportedly 'disappeared' after being detained by Sri Lankan No inquiry security forces. No arrests
In Kalmunai, over 70 people were reportedly detained and then 'disappeared''. Perpetrators
Over 30 bodies were dumped in a burnt out shop in Kalmunai, not punished
In Vavuniya on the 13th or 14th June, government forces reportedly shot and killed civilians. -do-
15 bodies were found on the road.
On 6 July, five in Batticaloa town and 14 July, 10 bodies in Kaluvanchikudiyiruppu -do-
On 10 July, Sri Lankan army shot dead, 38 Tamil civilians were killed and over hundred wounded in -do-
Sinnawattai Malayarkathu at 4th Colony in Amparai district.
The bodies of Tamil civilians were found dumped in public places in Batticaloa. -do-
On 7 August, 47 Tamil civilians were hacked to death by a Government sponsored Muslim gang in Erakanni. -do-
On 8 August, 75 Tamil refugees travelling on three boats were hacked to death by army and Muslim home guards -do-
in the Trincomalee district.
On 12 August, 95 Tamil civilians including several children and women were hacked to death and another five -do-
people were burnt alive in Thuraineelavanai by Sri lankan soldiers and Muslim home guards.
16
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice denied
Month/Year Type of violation No action
1990 On 12 August, Muslim policemen have killed 8 civilians in 4th Colony village, Amparai. No inquiry
On 15 August, 90 Tamil civilians were shot and hacked to death by Home guards and army in Senkallady, Batticaloa. No arrests
On 17 August, 14 people were shot dead and 3 were raped and killed by the Sri Lankan soldiers -do-
in the area of Muthur, Trincomalee.
On 18 August, 20 Tamil civilians including 10 children were hacked to dead by Muslim home guards in Sorikalmunai. No inquiry
On 18 August, 91 Tamil civilians were killed and 125 injured by the Army in a massacre in Veeramunia No arrests
On 19 August, Sri Lankan army shot and killed 16 Tamil civilians at 9th mile post, Mamadu, Kovilkulam. -do-
On 19 August, 8 Civilians were killed by aerial bombardment near Jaffna railway. -do-
On 21 August, 25 civilians were killed in the Jaffna peninsula when the Sri Lankan air force bombed the area. -do-
On 21 August, 10 civilians including University students were killed by Army and Muslim home guards in Eravur. -do-
On 22 August, 10 refugees from Thambalaakamam were shot dead by the Sri Lankan army. -do-
On 5 September, 10 refugees from Pandiruppu, taken from Kallaru to the Neelavanai army camp shot dead. -do-
On 5 September, 158 Tamil killed by the Sri Lanka army at Vantharumoolai. -do-
On 10 September, 184 civilians were massacred by the Sri Lanka army at the Saththurukondan Army Camp. Formal inquiry
held. But
No arrests
made.
Between 10-16 September, 59 killed, over 150 injured and several buildings destroyed in an aerial bombing No inquiry in Jaffna peninsula. No arrests
On 21 September, 25 civilians arrested by special Task Force were disappeared without any trace in Karaitheevu -do-
On 22 September, 35 villagers including women and children were hacked to death and burnt to ashes by -do-
Sri Lankan Army and Muslim home guards in Thallavai, Batticoloa.
On 24 September, 16 civilians including children and women were hacked to death and 17 injured by -do-
the Special Task Force and Home guards in Puthukudirupu.
On 26 September, 50 peasants who were arrested by Sri Lankan Army in Thambiluvil in Amparai district -do-
have disappeared without any trace.
On 7 October, 52 Tamil civilians including several women and children were hacked to dead by Sri Lankan army Formal inquiry
in Vantharumulai, Amparai. Dead bodies were found inside the wells in the area around Vantharumulai University held
refugee camp. The bodies of young women bore the marks of been raped. Perpetrators
On 7 October, 10 killed and 17 injured in Helicopter fired rockets on the Chavakechcheri market. not punished.
On 25 October, Sri Lankan army entered into the Clappenberg refugee camp in Trincomalee, brutally killed No inquiry
25 Tamil refugees. No arrests
On 30 October, 30 civilians were killed in the villages of Kallady, Aryampathy, Thalankuda, Kirankulam -do-
and Puthikutiyiruppu by the Sri Lanka army and Home guards.
On 12 November, while 42 Tamil refugees were escaping in boat to India, Sri Lanka Navy attacked the boat. -do-
In this incident, 6 killed and several injured.
17
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice denied
Month/Year Type of violation No action
1990 On 27 November, in an aerial bombing by the Sri Lankan air force planes, 9 killed in Oddisuddan. No inquiry
On 6 December, in a roundup operation in Neelavanni village in Batticaloa, 76 civilians were taken to Neelavanni army camp No arrests
and all of them were tortured to dead.
On 10 December, nine Tamil villagers were killed and the dead bodies were thrown into the flames of burning houses -do-
in Kovilkulam, Vavuniya.
On 17 December, Tamil civilians and hacked to death in Valaichenai, Batticoloa by the Home guards. -do-
Arrested 2555 Disappeared 9381 Killed 5798 Raped 816 Injured 5601 Displaced 786000 No action taken
1991 On 12 June, 82 civilians were killed and 200 injured. 450houses were looted and burnt by the Sri Lanka army Formal inquiry
in the villages of Kokaddicholai, Mahiladai Thievu and Muthalai Kuddah in Batticaloa. held. No
Perpetrators
punished
Arrested 3244 Disappeared 1847 Killed 4360 Raped 751 Injured 4917 Displaced 1500 No action taken
1992 On 29 April, 8 Tamil civilians were hacked to death by Army and Home Guards in Karapola, Polonnaruwa. No inquiry
On 18 May, Vattrapalai Amman Temple in Mullaitivu was shelled by the Sri Lankan army annual Pongal festival No arrests
and 15 pilgrims were killed.
On 9 August, 32 civilians were hacked to death in Mailanthannai and 50 injured in Batticaloa by the -do-
Sri Lanka security force.
Arrested 2835 Disappeared 1780 Killed 3769 Raped 691 Injured 4020 No action taken
1993 On 2 January, 52 people killed and 27 injured in the Kilali lagoon by the Sri Lanka Navy, while the civilians -do-
were crossing the lagoon in sixteen boats.
On 28 September, 24 civilians were killed in an aerial bombing by the Sri Lanka air force in Sangathanai, -do-
near Chavakachcheri. In this incident, many children injured.
On 13 November, St. James Church at Gurunagar was bombed by Sri Lankan supersonic bombers. -do-
The church was completely destroyed and 10 civilian killed and 31 injured.
A nearby nursery school, shops and ten houses were also destroyed.
Arrested 2929 Disappeared 676 Killed 2983 Raped 410 Injured 2885 No action taken
18
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice denied
Month/Year Type of violation No action
1994 Arrested 13363 Disappeared 536 Killed 2470 Raped 424 Injured 1663 No action taken
1995 On 18 April, 30 civilians killed and 60 injured by the Sri Lankan security force in Nachchikuda. No inquiry
On 11 July, Sri Lanka air force bombed St. Peters Church in Navaly where civilians sought refugees. No arrests
In this incident 165 civilians including many children killed and 150 wounded.
On 22 September, Nagerkoil Central School in the Jaffna peninsula was bombed by the Sri Lankan Air force. -do-
71 civilians were killed including 25 school going children and another 100 injured.
On 27 October, 25 civilians killed and 23 wounded by repeated aerial strikes in Ariyalai by Sri Lankan Air force. -do-
27 Tamil civilians were killed dumped in the Bolgoda Lake in Colombo by the Sri Lanka security forces.
Arrested 3565 Disappeared 934 Killed 3481 Raped 779 Injured 5028 Displaced 500000 No action taken
1996 On 11 February, Sri-Lankan army from 57th mile post near kilivetti, Kumarapuram massacred 24 civilians No inquiry
and severely injured 28 others. One of those killed was a pregnant woman. A 17 year old was gang raped No arrests
by soldiers before being killed. Perpetrators
not punished
On 18 February, 11 civilians were killed by Sri Lanka security forces in Poonaithoduvai in Kilinochchi -do-
On 3 March, 7 killed and 21 injured by the Sri Lanka security forces. -do-
On 16 March, Sri Lankan air force helicopters fired on a group of Tamil refugees, killing 16 -do-
injuring 60 others in Nachchikkuda
On 20 April, Civilian passengers who were crossing the lagoon in boats were killed by the Sri Lanka Navy. -do-
In this incident 42 killed and another 75 injured.
On 11 May, 18 killed and 30 injured in Sithandi, Kaluvenkerni – Batticaloa. -do-
On 24 July, 9 civilians including a 3 year old child and women were killed and 27 people injured when the -do-
Sri Lankan Air Force bombers bombed the heavily populated Mallavi junction in Vanni.
On 7 September, Krishanthi Kumarasamy, an 18 year old student at Chundikuli Girls' High School went
missing, soon after she had taken her first paper at the GCE A/L examination. She was seen by a number
of witnesses being taken into custody by Sinhala army personnel at the Kaithady checkpoint, and she
disappeared soon after.
On learning of Krishanthi's detention at the army check-point, her mother, Rasamma (59), who was Inquiry held due
the vice principal of Kaithady Maha Vithyalayam, accompanied by her son, Pranaban (16), and a neighbour, to International
Kirupakaran Sithamparam (35), went to the army camp, and then they too disappeared. Three soldiers’ pressure.
allegedly raped Krishanthi until she fell unconscious. When she revived, according to the confessions, Case pending
police officers and six soldiers further raped her.
19
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice denied
Month/Year Type of violation No action
1996 The International NGOs reported that at least 656 Tamil civilians disappeared in Jaffna peninsula in 1996 Inquiry held due
and buried in Chemmani. It is known as Chemmani mass graves. to International
pressure.
Case pending
On 12 November 1996, 10 year old school girl, Thenuka Selvarajah was abducted by soldier from the Puttur army No inquiry
camp. Several soldiers took turns raping her. No arrests
Arrested 18870 Disappeared 1678 Killed 4074 Raped 894 Injured 3265 Displaced 335000 No action taken
1997 On 9 January, 3 women, including a mother and daughter, were raped at their home at Thiyavattavan in Batticaloa Two soldiers
by the Army soldier. arrested and
later released
On 11 August, 40 civilians were killed and 86 others injured in Mullaitivu (Manthuvil) by the No inquiry
Sri Lankan security forces. No arrests
On 12 December, three Tamil detainees were killed inside the prison at Kalutara.
Arrested 5430 Disappeared 1463 Killed 4056 Raped 811 Injured 1731 Displaced 255000 No action taken
1998 On 10 June, 32 civilians including women and children killed and 52 civilians injured in bombing and shelling of No inquiry
the Suthanthirapuram Sri Sithivinayakar Hindu temple by Sri Lanka army. No arrests
On 3 July, Corporal Somaratne Rajapakse – 1st witness to murder and rape case of Krishanthy Kumaraswamy No constructive
told the courts, ""We didn't kill anyone. We only buried bodies. We can show you where 300 to 400 bodies action
have been buried," "I can show you 10 places in Chemmani where bodies are buried. ASP Perera can show
five places. D. M. Jayatilleke can show one place near a kovil where a number of people were buried."
Arrested 9832 Disappeared 1338 Killed 2161 Raped 342 Injured 2909 Displaced 34500 No action taken
1999 On 5 September, 22 killed and 35 injured by the Sri Lanka security forces. No inquiry
On 20 November, 38 killed and 56 injured by the Sri Lanka army at Maddhu Church, Mannar. No arrests
On 28 December, 29 old young woman Sarathambal Saravanbavananth of a Hindu Brahmin family was Formal inquiry
gang-raped and murdered by Sri Lanka Navy personnel near Kannakai Amman Temple in Punguduthivu, No arrests
an islet off Jaffna peninsula.
Arrested 16639 Disappeared 177 Killed 1661 Raped 339 Injured 1864 Displaced 51000 No action taken
20
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice denied
Month/Year Type of violation No action
2000 On 5 January, Human Rights defender and Lawyer Mr Kumar Ponnambalam was assassinated in Colombo by Formal inquiry
by so called unknown gunmen in Wellawatta, Colombo no progress in
the case
On 17 May, Sri Lankan security forces shot dead 9 children and wounded 20 others, in Batticaloa town. No action taken
Batticaloa (near Buddhist temple).
On 19 May, Sri Lanka army fired shell at Kaithaddy Home for the age – killing 15 and injuring 31 others.
On 25 October, 31 Tamils youths killed and 78 injured at the Bindunuwewa detention centre when the villagers Eye wash case
stormed the building with the help of the Police in duty. was heard and
accused released
after sentencing
them to death
More than 18000 persons, mostly Tamils, were arrested under the draconian Emergency Regulations (ER) and No action taken
the Prevention of Terrorism Act (PTA) in 2000.
On 19 October, Tamil journalist Mylvaganam Nirmalarajan was shot dead by paramilitary (EPDP) gunmen at his Case pending
home in Jaffna. He reported to BBC Tamil, Sinhala media and also to IBC. The suspect of this murder is as the suspect
presently in one of the European countries. has left the
country
Arrested 4217 Disappeared 134 Killed 1573 Raped 336 Injured 2442 Displaced 192000 No action taken
2001 Arrested 182 Disappeared 5 Killed 88 Raped 131 Injured 120 Displaced 67000 -do-
2002 Arrested 16 Killed 32 Raped 21 Injured 101 Displaced 16959 -do-
2003
Arrested 22 Disappeared 5 Killed 45 Raped 4 Injured 52 -do-
2004 On 31 May, Batticaloa-based senior journalist, Mr. Aiyathurai Nadesan was shot dead by paramilitary, No inquiry
while he was on his way to work in a motorbike. No arrests
Perpetrators
not punished
Arrested 16 Disappeared 4 Killed 87 Raped 10 Injured 61 No action taken
21
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice denied
Month/Year Type of violation No action
2005 On 7 February, ex-Tamil National Alliance Member of Parliament for Amparai district Mr. Ariyanayagam No inquiry
Chandra Nehru, founder member of North East Secretariat on Human Rights (NESOHR), Mr. E Kousalyan, No arrests
political head of Batticaloa-Amparai district of the Liberation Tigers of Tamil Eelam (LTTE) and four others
were shot dead by paramilitary group, while travelling in a vehicle near Polonnaruwa.
On 28 April, Senior journalist Mr. Dharmaretnam Sivaram, known to everyone by his pen name, "Taraki" Formal inquiry
could not escape this cruel punishment of the paramilitary groups in Sri Lanka. He was abducted and killed no progress in
on the 29th April.
On 15 May 2005, politically motivated Buddha statue was erected overnight in the highly populated Tamils Supreme Court
heritary Trincomalee, close to the bus stand by Buddhist monks and Buddhist followers. This was done with gave its
the support of the government to create tension between the Tamil and Singhalese people in Trincomalee. political decision
Several violent incidents have been reported all over the District. On 18 May, the Trincomalee Magistrate concerning this
and Additional District Judge instructed the Police to take all possible steps to temporarily remove the Buddah statue
controversial statue and pronounced that a long-term solution to the matter could be found by the
Urban Council taking legal action.
On 24 June, the Post-Tsunami Operational Management Structure (P-TOMS) MOU was signed by Supreme Court
the government of Sri Lanka and the LTTE. The international community poured generously into tsunami gave its
relief funds, and rightly insisted that there should be a joint mechanism to distribute relief and funds for political decision
reconstruction.
However, the Supreme Court on 15th July 2005 issued a stay order suspending four
key provisions
of the newly agreed P-TOMS, upholding a petition filed by Sinhala extremists in which they claimed that
their fundamental rights enshrined in the constitution were infringed, and that they wanted the P-TOMS
declared null and void.
On 24 December, Mr & Mrs Pararajasingham participated in the midnight Christmas, Eve mass in their home No inquiry
town Batticaloa. When they were ready to receive Holy Communion from the Bishop of Batticaloa – No arrests
Mr. Joseph Pararajasingham, Member of Parliament was shot dead by identified paramilitary gunmen, Perpetrators
within the Cathedral. His wife Mrs. Sugunam Pararajasingham was taken to the Batticaloa not punished
hospital in a critical condition.
Arrested 177 Disappeared 194 Killed 243 Raped 45 Injured 338 No action taken
22
Law and order, judiciary fail and impunity prevails in Sri Lanka
Justice denied
Month/Year Type of violation No action
2006 On 16 October, The Supreme Court delivered its "political decision" on the merger of the North Eastern Supreme Court
province that took place on 8 September 1988, under an international agreement, signed between India and gave its
Sri Lanka on 29 July 1987. political decision
Eighteen years after this merger, after preparing the ground for this case to be heard in the Supreme Court
- last year the demand for the de-merging of these two provinces was filed. The Supreme Court delivered
its "political decision" stating that the merger of these two provinces by the then President was invalid.
On 10 November, Nadarajah Raviraj, Jaffna district Tamil National Alliance (TNA) parliamentarian was shot dead No inquiry
in Colombo by paramilitary group. No arrests
Arrested 2558 Disappeared 1064 Killed 1256 Raped 85 Injured 2095 Displaced + 279200 No action taken
2007 May Arrested + 2000 Disappeared +347 Killed +412 Raped + 23 Injured + 239 Displaced + 300000 -do-
23
Ethnic cleansing in Sri Lanka
Sri Lanka police send Tamils back to their villages
COLOMBO, June 1 (Reuters) - Ethnic minority Tamils staying in the capital Colombo "without a valid reason" are being sent back to their villages in a bid to stamp out rebel attacks, Sri Lanka's police chief said on Friday.
Hundreds of minority Tamils, many from poor rural areas, live in boarding houses in Colombo while they work or search for jobs or seek employment abroad.
Many ethnic Tamils in Colombo complain they are being deliberately targeted by the security forces, detained and searched as the state fights a new chapter of a two-decade civil war with the Liberation Tigers of Tamil Eelam (LTTE).
"Because there is no a special label to identify an LTTE terrorist and a civilian, we took the decision to send them back to their villages after they finished their work here in Colombo," Inspector General of Police Victor Perera told a news conference.
"Some people who have arrived in Colombo do not have a valid reason to stay," he added. "Anybody can come to Colombo, there is no restriction. But they can't stay loitering in Colombo. We have decided to provide transport facilities for them to go back to their own villages."
The move comes after two suspected Tamil Tiger bomb attacks in the capital in a week and a string in recent months as a conflict that has killed nearly 70,000 people since 1983 deepens.
Officials suspect that Tiger cells are installed in the capital and seeking to stage attacks.
But the planned restriction on Tamils rang alarm bells.
"If a democratic society takes this course of action, it is unacceptable because it is clearly a serious violation of their human rights," said Jehan Perera of the National Peace Council, a non-partisan advisory group. "This is a very harsh decision."
"This is the first time such a thing has been spoken about officially, so it suggests the conflict is deteriorating," he added. "This is a new low."
Fighting is now focused on the north after the military captured the Tigers' eastern stronghold, and a string of land and sea battles has killed around 4,000 people since last year.
Ranil on forced eviction of Tamils
Daily Mirror, 8 June 2007 - Opposition Leader Ranil Wickremesinghe, yesterday, compared the plight of the Tamils under the Mahinda Rajapaksa administration, to that of the Jews in Germany during World War 2 and of Black Africans, during the apartheid era in South Africa.
Speaking in Parliament on the government led eviction of Tamils in Colombo, Mr. Wickremesinghe said that Jews and Black Africans had faced similar persecution in the past, at the hands of Germans and Whites respectively.
He said the government’s actions violated the Constitution, which clearly stated that all citizens of Sri Lanka must be free from torture and inhuman and degrading treatment and had the right to free movement and to choose their area of residence.
“We are also concerned about the security of the country. If the government suspects anyone they can produce that person before a magistrate and remand the suspect, or release the person,” he said.
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He noted that when people were evicted from the lodgings in such an arbitrary manner, they would return in anger to blast bombs.
Mr. Wickremesinghe added that the situation would bring shame upon Sri Lanka at the European Parliament sessions, and queried as to why the government was creating such a crisis for the country.
Meanwhile, TNA leader R. Sampanthan said the actions of the government were a blatant violation of the fundamental human rights of innocent Tamil people who had committed no offence.
“Not only is the action of the government, in transporting innocent Tamils like cattle against their will,illegal, it is also inhuman”, said Mr. Sampanthan.
TNA Jaffna district MP Suresh Premechandran said that, as long as the country had leaders like President Mahinda Rajapaksa, the Tamils would get Tamil Eelam as the government was creating conditions that would justify the creation of a separate state.“With such policies Tamil Eelam is a possibility. The policy makers have proven that the North and East is the homeland of the Tamils, and we should live there. If you accept that the North East is a separate country, we will secede”, he said.
He dismissed claims by the government that the people were leaving Colombo voluntarily as a ‘blatant lie’, adding that the people had been intimidated by the security forces to leave.
He charged that the government was instilling racism in the minds of the Sinhala masses by labeling all those opposed to it as traitors, and the supporters of the government as patriots.
He accused the government of blindly following the foolish actions of Defence Secretary Gotabhaya Rajapaksa and Army Commander Sarath Fonseka.
Meanwhile theWestern People’s Democratic Front leader Mano Ganeshan said the government had cut the ‘first sod of soil’ for a separate state by this imprudent act.
Mr. Ganeshan said the government had only a military agenda to pursue at this hour.
* * * * * *
On 7 June 2007
* 500 Tamils were forcefully expelled from the lodges in Colombo and sent out of Colombo to Batticaloa, Trincomalee and Vavuniya with Police escort
* Further 400 are being detained in Police stations in Colombo.
Steps to acquire traditional lands of Muslim community
On 11 April 2007, An appeal has been sent by the Jemiyath Ulama Sabha - the Amparai District Muslim Theologian Council, to all the Muslim political leadership to take immediate steps to safeguard the traditional Muslim lands in Pottuvil electorate and other parts in Amparai district.
The appeal says that, "Chauvinist elements are very active in Pottuvil area after the deaths of ten Muslim civilians that took place several months ago. These forces with hidden agenda have now taken steps to acquire traditional lands of Muslim community and to block out them for tourist projects, archaeological purposes and environment development schemes.
"The Muslim political leadership must forget their differences at this critical juncture and should unite to safeguard the traditional Muslim electorate Pottuvil and other Muslim areas from the clutches of chauvinist forces."
24a
Batticaloa Farmers affected due to ethnic cleansing!
May 2007 - A recent report released by the Agrarian Services Department said, paddy cultivation in Batticaloa district were badly affected due to the military offensive in that area.
The report includes eleven Agrarian divisions : Aayiththiyamalai, Earaavur, Karadiyanaaru, Kiraan, Kokkaddichchoalai, Mandapaththadi, Pazhukaamam, Thaanthaamalai, Vaazhaichcheanai, Vanthaarumoolai and Vellaaveli.
According to the 2006 statistics, (63,215 acres) 70,000 metric tons of paddy were produced during the main season and around (31,480 acres) 50,000 metric tons were produced in the secondary season. Because of the ongoing military operation, presently, more than 20,000 farmers were affected directly and around 50,000 agrarian workers who work under this sector lost their income. Cattle breeders who milk 21,000 liter per day in Paduvaankarai region were also affected. The cattle either died or fled to jungles due to shelling. Also the cattle were slaughtered by the Sri Lankan armed forces for meat.
Economic, social and psychological impacts of conflict
COLOMBO , 8 May 2007 (IRIN) - For the past nine months, 27-year-old Vana Ravichandran has had only one dream - to return to his home in Muttur town, Trincomalee district, in eastern Sri Lanka.
He fled Muttur last
August when fighting broke out between government forces and the Liberation
Tigers of Tamil Eelam (LTTE) and travelled 120 km through shell fire and other
dangers to reach the transit camp at Kurukalmadam, in Batticaloa district to
the south. Now, he just wants to go home.
"We get food and
have a small house here in the camp, but no money. I have not earned any for
the last six months, I have nothing," the father of two told IRIN.
Fishing, farming
Most of the civilians who have fled the fighting are day labourers - mainly farmers or fishermen - who long to return home as soon as possible.
"The
displaced people wanted us to intervene and ask permission for them to return
to their homes. They were pawning their last belongings, even their jewellery,
just to make ends meet," said Rukshan Fernando, coordinator of the Human
Rights in Conflict Programme of the Law and Society Trust, which recently
visited camps in Batticaloa district.
Fishing and agriculture make up less than 20 per cent of the national economy but Sarvananthan believes their significance in the northern and eastern regional economies would make any downturn deeply felt. "The impact of the drop in farming and fishing in the northeast has a severe impact on the livelihoods of people because a huge number of families depend on these sub-sectors for livelihood," he told IRIN.
Economic, emotional stress
In human terms, the recurring displacement of many residents of the north and east has made them particularly vulnerable, according to Azra Abdul Cader and Prashan Thalayasingam, two researchers at the Centre for Poverty Analysis. "People who have been displaced in the east have been displaced over and over again which affects their access to resources. Just when they're rebuilding their homes and their lives, they are forced to move again," the researchers told IRIN.
The Centre for Poverty
Analysis researchers also warned that increasing poverty levels were likely to
lead to more problems among the affected communities. "IDPs facing
economic strains and the stress of displacement are particularly vulnerable to
alcohol and other abuses which can lead to domestic violence and other
problems," they said.
Closure of main highway
The closure of the A9 highway since August 2006, which made the northern Jaffna peninsula once again dependent on ship transport supplemented by occasional flights, has caused significant damage to the economy, said Sarvananthan, an economist at the Point Pedro Institute of Development. "Even more than the large displacements, it is the road closure that is having the greatest negative impact on the local economy with the drop in service sector activities," he said. (Excerpt)
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Press Freedom and Freedom of Expression
Press Freedom is in peril in Sri Lanka!
A sinister campaign of disinformation in Sri Lanka
FMM concerned Foreign Affairs Ministry comments
prejudicial in cases against journalists – 5 June 2007
(FMM/IFEX) - The following is an abridged version of a1 June 2007 FMM press release:
1 June 2007, Colombo, Sri Lanka: The Free Media Movement (FMM) is outraged by the extra-ordinary statements released to the media recently by the Ministry of Foreign Affairs (MFA) on the arrest and detention of journalist Maunasami Parameshwaree and Dushyantha Basnayake, financial director of Standard Newspapers Private Limited (SNPL), the group that publishes "Mawbima" and "The Sunday Standard" newspapers.
In its statements, the MFA alleged that following completion of a criminal investigation of Parameshwaree, the Attorney General found that although there existed a volume of incriminating material against the journalist, the availability of material admissible in a court of law was limited. The MFA also alleged that based on information received by Sri Lankan police, Basnayake was involved in financing terrorist activities in Sri Lanka, leading to his arrest by the police's terrorist investigation division of the on 26 February 2007.
The FMM wishes to stress that, as Parameshwaree's lawyer clearly pointed out at the Chief Magistrate's court, there is no evidence to suggest that she had any connection with, much less that she had helped, the Liberation Tigers of Tamil Eelam (LTTE). According to the lawyer, all charges against her were based purely on suspicion. This perception was further strengthened when police statements before the court linked her to a person suspected of being an LTTE suicide bomber. Now that Parameshwaree has been released without charge, it appears the terrorist investigation unit had no real case.
In the Basnayake case, FMM views the government's allegations as part of a continuing campaign of harassment against the "Mawbima" newspaper, which led to its closure earlier this year. In a 27 February statement issued by "Mawbima" editors, it was noted that:
"Following a complaint made by a certain individual a few months ago, Criminal Investigations Division (CID) interviewed Mr. Dushyantha Basnayake. Upon completion of the interview, officers of the CID stated that there were no allegations against Mr. Basnayake and that he wasn't even required to make an official statement. A few days after the incident, President Mahinda Rajapaksa himself phoned Mr. Basnayake and expressed his regrets for the inconvenience caused to him. Under these circumstances, it is obvious that Mr. Basnayake has been arrested in order to harass the 'Mawbima' newspaper."
The FMM is concerned that the MFA statement may prejudice public opinion and impede due process in the Basnayake case, given that police investigations are still on-going. Such statements are a chilling indicator of the erosion of media and fundamental rights in Sri Lanka.
The FMM urgently calls on all democratic forces to protest the MFA statement as part of a government bid to draw attention away from its own egregious human rights record.
http://www.ifex.org/en/content/view/full/83888/
26
Questioning of Morning Leader Editor reiterates the urgent need
to have whistleblower protection law
– says Transparency International Sri Lanka (TISL)
Wednesday, May 23rd, 2007
Recent questioning of Sonali Samarasinghe, Editor of the Morning Leader, reiterates the need to have whistleblower protection in Sri Lanka. She is an award winning investigative journalist with courage. Many civil society organizations, intellectuals and independent media personnel have consistently urged the successive governments to take measures to protect the journalists, particularly journalists with dissenting views and the sources of information. We are also mindful that Sri Lanka has no right to information law and therefore media has to often rely on confidential sources, under difficult circumstances.
The questioning of media personnel by law enforcement authorities to ascertain sources of information signals a discouraging message, particularly to those who expose corruption involving powerful individuals. It is time that the policy makers introduce new legislation to ensure protection of whistleblowers. Such policy direction is vital for the country in the light of Sri Lanka’s obligations under the United Nations Convention against Corruption.
TISL is aware of the fact that the Cabinet approved a Freedom of Information Law for Sri Lanka in 2003 but its enactment has, since then, appears to have been held up for reasons of political expediency rather than on any substantive ground. This draft law should be speedily enacted. TISL also believes that all information available to Members of Parliament are available to the media and the general public, creating a governance structure with integrity.
For Transparency International Sri Lanka
JC Weliamuna
Executive Director
Chairman of Standard Newspapers Ltd. Tiran arrested
Magistrate orders remand till June 13 but allows to remain in hospital
Daily Mirror 31 May 2007 - The Chairman of Standard Newspapers Ltd. and former Civil Aviation Authority Chairman Tiran Alles was yesterday night remanded till June 13 by Colombo Chief Magistrate Ms. Sarojini Kusala Weerawardena.
The Terrorist Investigation Division (TID) earlier visited Mr. Alles at a hospital where he was undergoing treatment and arrested him around 6.45 pm after questioning.
However the magistrate allowed Mr. Alles to remain in hospital till June 13. On hearing of a move to take legal action against him, Mr. Alles through his attorney informed police on Monday that he was unable to move out of the hospital on medical advice.
Mr. Alles had informed the IGP that over the last couple of months he had made himself available whenever he was called to make statements to police though no statement was recorded from him during this period between March 30 and May 20.
Mr. Alles had said during this period top level negotiations were on to persuade his close associate former Minister Mangala Samaraweera to join the cabinet. However he said the very next day after Mr. Samaraweera refused to rejoin the Cabinet, a team of TID officers visited his office to carry out an investigation for almost six hours.
Mr. Alles said he had always been a close associate of Mr. Samaraweera and claimed he was being harassed due to a political fall-out. On May 18 Mr. Alles’ accountant had been called to the TID for questioning and the same evening he too was asked to present himself at the TID to make a statement.
27
Mr. Alles had said he was diagnosed to be suffering from angio oedema which is stress-related condition and therefore had received medical advice not to move out of the hospital.
However he had expressed his willingness to assist the investigation by making statements from the hospital. When the officers of the TID came to arrest Mr. Alles, ousted Ministers Mangala Samaraweera and Sripathi Sooriyarachchi too were present at the hospital.
Release arrested Tiran Alles immediately!
31 May 2007 - Tiran Alles, the well-known Sri Lankan businessman and owner of the publishing house Standard Newspapers Pvt. Ltd was arrested on the 30th May while he was undergoing treatment in a Colombo hospital. His publishing house printed the popular newspapers ‘Mawbima’ and ‘Sunday Standard’.
Mawbima (Motherland), the Sinhala mainstream weekly newspaper was special in that it regularly published articles critical of corruption in government circles and against the military actions on the Tamil population in the country. The paper, which started in June 2006, had quickly reached a circulation of over a hundred thousand copies. Mawbima (and its English language sister paper) was known for its open and democratic character, as it gave space to all shades of political opinion in the country.
The government began its repressive measures against Mawbima by arresting Tamil journalist Parameswaree Munusamy, on the 24th Nov 2006, under the draconian Prevention of Terrorism Act (PTA). She was detained 119 days without any charges being brought against her. On the 26th February financial director of the paper, Dushyantha Basnayake, a Sinhalese, was arrested, also under the PTA. He was detained again without charge for three months. The Government of Sri Lanka was forced to release them due to the intense campaigns carried out internationally by human rights and media organisations.
Despite this the ‘Mawbima’ paper continued to speak out against the gross violations of human rights by the government. On the 13th March year the government froze its bank accounts and then went on to freeze the bank accounts of all the business firms that had been supporting the paper. Due to this unbearable level of repressive measures the publication of both the Sinhala and English papers had to be stopped.
Tiran Alles was arrested yesterday, as the there were rumours that the Mawbima was going to start publishing again in June.
With the arrest of Tiran Alles the Government of Sri Lanka attempting to brutally repress the free expression of voices that challenge its war and its corruption.
We appeal to all the media and human rights organisations to immediately exert maximum pressure on the Government of Sri Lanka to release Tiran Alles without delay. (www.humanrights.de)
Young reporter with Tamil newspaper murdered in Jaffna - RSF
30 April 2007 - Reporters Without Borders condemned yesterday’s murder of young reporter employed by the daily Uthayan, one of the Tamil newspapers that has been most targeted by violence. Gunned down on his bicycle near the newspaper’s office in the northern city of Jaffna, Selvarajah Rajivarnam was the second journalist to be killed in a government-controlled area in the past 10 days.
"The people who murder journalists in Sri Lanka feel so well protected that they carry out fresh murders to mark the anniversaries of their preceding ones," Reporters Without Borders said. "On the second anniversary of the murder of Tamilnet.com editor Sivaram Dharmeratnam and the first anniversary of the murder of two Uthayan employees, the killers struck again, murdering another journalist with impunity in an area controlled by the army. We call on the authorities to identify and punish those responsible."
Rajivarnam was shot by a gunman on a motorcycle. Aged 25, he had been a reporter with Uthayan for the past six months. He used to go to the police stations and hospital seeking information about the many crimes that have been taking place in recent months in Jaffna, which is the capital of the northern part of the island. He had also been taking an evening journalism course at Jaffna university.
28
Before joining Uthayan, he had worked for three years for the newspaper Namathu Eelanadu (Our Eelam Nation), whose managing editor, Sinnathamby Sivamaharajah, was murdered in August 2006, and for the daily Yarl Thinakural, one of whose journalists, Subramaniam Ramachandran, has been missing since February. Three of Uthayan’s employees were killed last year.
Rajivarnam was buried today, after the police handed over the body to the family.
Jaffna-based journalists told Reporters Without Borders they suspected that the pro-government Tamil militia, the EPDP, could have been behind Rajivarnam’s murder. The EPDP criticises Uthayan for supporting Tamil nationalism. EPDP members were suspected in the murder of journalist Mylvaganam Nimalarajan in 2000 and last year’s murder of the three Uthayan employees.
Appeal by TISL to create an environment to guarantee
basic democratic norms in the country
Tuesday, April 24th 2007
Transparency International Sri Lanka (TISL) is seriously concerned about the continuous threats on journalists, the latest being on the Editor of the Daily Mirror. It is the basic duty of the government to create an atmosphere where democratic partners including the media and civil society organizations can operate. Continuous attempts to curtail the freedom and independence of the media and civil society organizations would result in not only the erosion of democracy but also rampant corruption. Media is undoubtedly an institutional form of democracy, which needs to be preserved and respected.
Unfortunately, the current polarized socio-political environment has a tendency to undermine democratic norms and has created a perfect arena for powerful individuals to act with impunity. The violent and ruthless campaign of the Liberation Tigers of Tamil Ealam, and other armed groups have contributed tremendously to the erosion of democracy in the country. Short sighted political strategies by all political parties representing the parliament today have been responsible for preventing the improvement of democratic institutions after the 17th Amendment, which has left the country with an unconstitutional public sector regime.
There is therefore an urgent need to arrest the present trend immediately, which effort has to be lead by the government itself. Bona fides of the political leadership should be demonstrated by taking effective measures to prevent any further threats on journalists, independent opinion makers and activists with dissenting views thereby preventing further deterioration of the current situation. We are mindful of the fact that democracy is fragile and needs to be protected with commitment and dedication and will not survive unless the legitimate space is preserved for media and civil society.
For Transparency International Sri Lanka
J C Weliamuna
Executive Director
Tamil journalist murdered in government-controlled zone - RSF
20 April 2007 - Reporters Without Borders today called on the Sri Lankan government to order an investigation into the murder of Chandrabose Suthaharan, editor of the local magazine Nilam and contributor to other Tamil news media, on 16 April in the northern town of Vavuniya, where at least 25 civilians have been killed since the start of the month. Controlled by the government, the town is close to the area held by the Tamil Tigers.
"The authorities must lose no time in shedding light on the circumstances of this murder," the press freedom organisation said. "The impunity reigning in the east and north encourages the militias and death squads to continue their human rights violations. The government, several of whose members regularly threaten the press and human rights activists, is partly to blame for this violence."
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Seven journalists and media assistants were killed in Sri Lanka in 2006.
The Free Media Movement said Chandrabose Suthaharan was shot dead on the evening of 16 April at his home in Thirunavatkulam, near Vavuniya. His eight-year old son said the killers spoke both Tamil and Sinhala.
As well as being the sole editor of the local literary magazine Nilam, Chandrabose Suthaharan wrote for a number of other Tamil publications including the Colombo-based magazine Ahavili and the London-based Tamil World. He studied at the College of Journalism and got work experience with the national daily Virakesari. He wrote mainly literary articles. He was also known for his poetry.
Defence
secretary threatens editor and journalist on Daily Mirror
Appeal to Pope Benedict
XVI on eve of meeting with
President Mahinda Rajapakse - RSF
19 April 2007 - Reporters Without Borders today strongly condemned threats made by Defence Secretary, Gotabhaya Rajapakse, younger brother of the president, against the editor of the Daily Mirror, Champika Liyanaarachchi. The minister also threatened to "exterminate" a journalist on the newspaper, for writing articles about the plight of civilian victims of the war.
Calling on the secretary to apologise to Champika Liyanaarachchi and Uditha Jayasinghe, the worldwide press freedom organisation said it had written to Pope Benedict XVI, urging him to intervene with President Mahinda Rajapakse at their meeting in Italy, in support of press freedom in the country and in particular about the latest threats.
The secretary called the editor on her mobile phone on 17 April to complain about the Daily Mirror’s editorial stance on the civil war, citing in particular an article it carried on 16 April which he saw as hostile to the government. He told her that the pro-government Tamil militia, "Karuna faction", could take revenge on her over the article, in which case, he told her, the government would not be able to protect her.
The secretary called on her to resign so as to avoid being targeted for reprisals. He told her he would put pressure on the paper’s management to obtain her dismissal. Finally, he said he would "exterminate" journalist Uditha Jayasinghe. She had written a number of articles on the plight of civilians displaced by the conflict in the east of the country.
President Rajapakse contacted Liyanaarachchi hours later to assure her that he was going to order an investigation. The following day, the British High Commissioner in Colombo, Dominick Chilcott, went to the Daily Mirror offices to express his solidarity. This gesture angered the defence secretary who summoned the diplomat to a meeting in his office in Colombo.
"Making such vicious threats against two journalists, one of whom is the first female editor of a daily newspaper in the history of the Sri Lankan press, is unworthy of a Defence secretary and a danger to the entire profession," Reporters Without Borders said.
Harassing independent journalists also damages the credibility of the head of state," it added.
Call for press group finance chief to be freed - RSF
13 April 2007 - Reporters Without Borders called today for the immediate release of a top official of the firm publishing the Sinhalese-language weekly Mawbima and accused the government of misusing the country’s anti-terrorism law to crack down on critical media.
The financial director of publishing firm Standard Newspaper Private Limited (SNPL), Dushantha Basnayake, was arrested at his office on 26 February under this law and the firm’s accounts were frozen a month ago.
30
"Some government members are determined to get revenge on the paper and have insulted Sri Lanka’s journalists,” the worldwide press freedom organisation said. “No evidence has been presented against Basnayake.” It also called for the firm’s accounts to be unfrozen so the paper could reappear as soon as possible.
The accounts of the firm CBE, controlled by Tiran Alles, owner of Mawbima, were frozen on 8 and 9 March and those of SNPL on 13 March. This forced the paper first to reduce its print-run and then shut down both Mawbima and the weekly Sunday Standard on 28 March.
Health minister Nimal Siripala de Silva said publicly on 6 April that journalists were behaving like “mad dogs” and should be “vaccinated” as dogs were against rabies.
Army said to be holding Tamil journalist
who went missing five weeks ago - RSF
23 March 2007 - Following the police chief’s recent admission that the security forces have been involved in abductions, Reporters Without Borders today said it was in a position to affirm that the military participated in the arrest of journalist Subramaniam Ramachandran on 15 February north of Jaffna. Colleagues think he is now being held secretly at a military camp.
"We appeal to the authorities to take action to locate and Ramachandran and have him released," the press freedom organisation said. "The fact that the government publicly acknowledges the participation of the security forces in kidnapping and forced disappearance is very worrying, but at the same time gives us hope that Ramachandran is still alive."
Prior to his abduction in the Vadamaradchi area to the north of Jaffna, Ramachandran had written for the Tamil daily Yarl Thinakural about the involvement of a businessman and military officers in sand illegal trafficking. His stories gave such details as the licence numbers of the vehicles involved and the businessman’s connections with certain officers. Following their publication, a judge intervened and ordered the confiscation of a vehicle used in the trafficking. At the same time, Tamil Tigers torched another vehicle used by the traffickers. All this angered the businessman and the soldiers concerned.
Ramachandran seems to have been threatened by the Tamil Tigers in the past for having good relations with members of the security forces. The LTTE intelligence services are said to have investigated him in November 2006 after he took photos of a meeting organised in honour of its top leader, Velupillai Prabhakaran. But colleagues said he was no longer under threat from the LTTE at the time of his kidnapping.
The circumstances of his disappearance establish beyond any doubt that the army was involved. Accompanied by a friend, he left the school he runs in Karaveddy at around 6 p.m. on 15 February. When they arrived next to the Kalikai Junction military camp, soldiers ordered them to stop for questioning. Ramachandran was taken into the camp while his friend was asked to leave.
According to witness, a vehicle containing a military intelligence officer, two members of the EPDP (a pro-government Tamil militia) and an army informer arrived one hour later, and then left a few minutes after that with Ramachandran. His family has had no word of him since then. Several Jaffna-based journalists say he is being held in a military camp in the north of the island.
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International response
Sri Lanka’s International lobby - unprofessional and undiplomatic !
Tamil Centre for Human Rights – 30 May 2007
Recent history has taught us that any struggle for political equality or independence and any struggle against oppression or for revolution, has several actors:- patriots, supporters, sympathisers, freedom fighters, terrorists, traitors, mercenaries, quisling group etc. Also history has proved that all these actors are state-created. Some are even created specifically to intimidate and discredit particular personalities and organisations. In practice there are patriots and freedom fighters who have been labelled “terrorists”. Those “terrorists” have become Nobel prize-winners and state leaders.
When the Tamil struggle, in exercise of the right to self-determination, is compared with other recent independence struggles, there are many similarities and a few different features. It is undeniable that the aggressive responses by the government of Sri Lanka to thirty-five years of non-violent struggle by the Tamils gave birth to the armed struggle. There is extensive evidence that for the last fifteen years there has been a de facto government for the Tamils with important socio-economic infrastructures. Also trained professional and disciplined forces are in place, (Police, Army, Navy and Air Force) with identified uniforms. Refer to Protocol Additional to the Geneva Conventions -Protection of Victims of International Armed Conflicts (Protocol 1), Section II. -Combatant and prisoner-of-war status, Article 43. -Armed forces to Article 47 and Protocol Additional to the Geneva Conventions, relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)
According to the records of the UN and International NGOs, Sri Lanka is one of the worst human rights violators in the world. This year, the UN Working Group on disappearances ranked Sri Lanka as the country with the second highest number of "involuntary disappearances" in the world. Numbers of arrests, summary executions and displacements of people as well as incidents of torture and rape have also reached a peak.
Dismayed by this deteriorating human rights situation in Sri Lanka, the International community wanted to bring Sri Lanka under international scrutiny. Below we give a few examples, of how the Sri Lankan government blocked every action of the International community and every step towards a negotiated settlement in Sri Lanka.
(1) Last October, the European Union tabled a draft resolution to the UN Human Rights Council. But until today it has never been discussed in the council. Presently the violations have increased by five times since last October. Due to Sri Lanka’s hard lobbying, the draft resolution has been left aside.
(2) Last year, the UN High Commissioner for Human Rights Louise Arbour, requested Sri Lanka to accept an "International human rights monitoring body" on the island. This proposal was strongly supported by many countries, INGOs and members of civil society. However Sri Lanka obdurately rejected this idea.
(3) Preventing the Norwegian peace facilitators from travelling to Killinochchi to meet with the partners to the present Ceasefire Agreement, the Liberation Tigers of Tamil Eelam – LTTE,
(4) Stopping of aid workers and the Sri Lankan Monitoring Mission (Cease-fire monitors) from travelling between the LTTE controlled areas and the Government areas; refusing to open the only supply route, A9 road to Jaffna (contrary to the agreements made in the Geneva negotiations); and withdrawal of the Red Cross from the checkpoints between the LTTE controlled areas and the Government areas.
Praised and thanked the UK
In reality, the government of Sri Lanka is sweeping the skeletons under the carpet and calling for international help to fight “terrorism” in Sri Lanka. However, through their unprofessional methods, they have achieved more than they expected from the International community. At the initial stage when countries were reluctant to accept the call by Sri Lanka to ban the LTTE, the then President and her Minister of Foreign Affairs, threatened to cut ties with those governments. "Kumaratunga said it would strain bilateral relations if Britain failed to oblige and Kadirgamar warned that his country would consider it an unfriendly act."
http://english.people.com.cn/english/200103/02/eng20010302_63868.html
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However, as soon as the LTTE was banned in the United Kingdom on 28 February 2001, the government of Sri Lanka and the Southern politicians praised and thanked the UK for agreeing with them. Below we give a few comments by the Southern politicians.
"The government has decided to send Foreign Minister Kadirgamar over the coming weekend to London with a message to thank the British government for its decision".
The President of the
Sinhala Jathika Sangamaya S.L. Gunasekera expressed delight at the decision and
hoped that other European countries will follow the example.
The spokesman for the JVP or People's Liberation Front Wimal Weerawansa also expressed his party's approval at the British gesture and General Secretary of the Sinhala Urumaya (Heritage) Thilak Karunaratne said that his party was elated by the decision.
The Leader of the Inter
religious Alliance, Venerable Kumburugamuwe Vajira Thera said the country was indebted to
Foreign Minister Kadirgamar for his untiring efforts to win the battle. http://english.people.com.cn/english/200103/02/eng20010302_63868.html
However, Western countries that were continuously observing the ground realities in Sri Lanka, have gradually started to pressurise the government regarding their appalling human rights record.
As a result, Germany followed by the UK and USA, reduced its aid to Sri Lanka. The EU issued warnings about future aid. Sri Lanka became agitated by the International community’s responses and repeated its usual doctrine, objecting to "interference in its internal affairs". When Sri Lanka wanted the LTTE to be banned by other countries, however, it considered that it was the responsibility of the international community and that it was not an "interference" in their internal affairs!
Debate in the British parliament
On 2nd May 2007, British parliamentarians held a debate for about four hours, uniquely on Sri Lanka and it was announced that they “established the House’s first ever all-party Tamil group on 30 April". The aim of this is to contribute towards a peaceful negotiated settlement in Sri Lanka. To take this issue forward, three basic steps that had been agreed, were announced in the House of Commons. (1) At the end of September a delegation of all party members should visit Sri Lanka, particularly areas under the control of the Tamil Tigers, to engage in a dialogue in a positive and constructive way. (2) To invite the chief negotiator for the Tamil Tigers to visit the United Kingdom and to come to Parliament so that they could hear his views on what is happening. (3) To hold a summit meeting in July at which all the various parties could participate as a means of exploring how to take the issue further forward.
During this debate the staff of the Sri Lankan High Commission in London were present in the observer gallery and the debate was promptly reported to Colombo. This gave a golden opportunity for the British parliamentarians and the International Community to see the reactions and true colours of the Southern politicians in Sri Lanka.
Here we give a few comments that appeared in the Colombo Daily News and the Sunday Observer – 13 May 2007:
“Foreign Affairs Minister Rohitha Bogollagama yesterday assured the Parliament that not even a semblance of foreign interference in the internal affairs of the country will be allowed under President Mahinda Rajapaksa's administration”. (Daily News – 9 May 2007)
Jathika Hela Urumaya MP Ven. Athuraliye Rathana Thera outrightly condemned the adjournment debate in the British House of Commons on Sri Lanka's internal problems and said that Britain has no moral right to discuss human rights in Sri Lanka. “I have a strange feeling that the British Government is trying to dictate terms to us and we should take no notice of them."
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President of the Sri Lanka Deshabimani Peramuna, Ven. Elle Gunawansa Thera was very unhappy over the behaviour of certain British Parliamentarians in the House of Commons. He vehemently condemned the move by them to appoint an All Party Parliamentary Group (APPG) to discuss the domestic issues in Sri Lanka.
The Patriotic National Movement (PNM), Chairman Dr. Gunadasa Amarasekara warned that the country is faced with a huge threat from imperialists as never before, and appealed to the House of Common not to interfere.
Propaganda Secretary of the Janatha Vimukthi Peramuna (JVP) Wimal Weerawansa was totally opposed to the British Government's stand with regard to our ethnic issue.
At present Sri Lanka maintains three unscrupulous steps in its international lobby :
(1) The dictating of terms – “You listen to us but we won’t listen to you”
(2) Threats – “If you are not with us we will brand and intimidate you either as LTTE sympathiser or a terrorist supporter”.
(3) "At any cost" - There is a Tamil proverb that, "I don’t mind losing my nose, as long as it brings bad omen to my enemy"
Dr Dayan Jayatillake (Representative of Sri Lanka in the UN, Geneva), said in a right of reply, “................Exception was taken to the tone and attitude taken in at least three of the submissions that morning by two non-governmental organizations, and by the representative of Sweden. Sri Lanka was committed to remaining constructively engaged with the United Nations mechanisms and the international community as a whole, but wished to emphasise that it would not be prodded, pushed or intimidated in any way into accepting any measures or institutions that as a sovereign democracy it did not see fit to accept. If certain steps were to be taken, they would have to be taken in concert with the Government of Sri Lanka". (Excerpt, Press release of the UN Human Rights Council – 21 March 2007)
In a debate on Sri Lanka in the British parliament (House of Commons) on 2 May 2007, Mr. Edward Davey (MP for Kingston and Surbiton) said, "......... I have also seen colleagues challenged. ..................... has been labelled an LTTE sympathiser and supporter simply because, like hon. Members, he wanted to speak out about human rights abuses in Sri Lanka. I believe that the Sri Lankan authorities, possibly through their representatives in this country, are trying to prevent people from speaking out—to prevent freedom of speech. We must convey a message that we will debate such issues in this country, that that is our democratic right, and that the Sri Lankan authorities should accept it and not try to intimidate people who speak out by trying to label them LTTE sympathisers or terrorists. I hope that the Government will make the point that that is unacceptable in their discussions with Sri Lankan representatives in this country. I intend to do that when I meet the Sri Lankan high commissioner, as I shall shortly". (Excerpt)
As Sri Lanka has begun to face continued frustrations, the Sri Lankan embassies in foreign countries have as usual been spreading misinformation in an unprofessional and undiplomatic manner - attacking the Tamil diaspora and taking the national law of other countries into their hands. What was supposed to be done by local law enforcement agencies or by the “Interpol” was done under the deliberate glare of publicity, by the Sri Lankan embassies themselves. This demonstrates the ferocity with which such affairs are conducted. Two good examples of this are fabricated stories about the recent credit card fraud in UK and the matter of 130,000 stolen Norwegian passports! On 24 April 07, it was the Sri Lankan mission in London which released a story about the credit card fraud in UK - surprisingly, it was given immediate and widespread publicity by well known media. In the same manner, on 19 May 07, the story of 130,00 stolen Norwegian passports was released by the Sri Lankan Ambassador in Washington and publicised by media in Washington and subsequently in other countries. Humberside police in the UK, clearly stated however that “Our evidence does not suggest that there is a definite link with Sri Lankan gangs.” Regarding the passport matter, the Norwegian Ministry of Foreign Affairs released a press release on 22 May 07 stating that "................These allegations are drawing links between unrelated matters and have no basis in reality. The Norwegian Ministry of Foreign Affairs would therefore like to clarify the facts".
Members of Civil Society would like to know from the media who gave widespread and high profile publicity to these unverified news items whether they would accept news items released, presumably with an idea of discrediting pro-democratic Zimbabweans, by Zimbabwean embassies in foreign countries? If true journalistic traditions exist in these media, the Tamil diaspora is amply qualified to receive a direct and open apology. Anything less, is to concede that individual journalism and its friendships stand strongly together in the name of corruption! 34
Furthermore, while the visits of some democratically elected Tamil parliamentarians to Western countries have been unofficially refused; those who lost in elections and who still cause many abductions and arbitrary killings of innocent civilians in Sri Lanka are being allowed to meet many VIPs around the world. Sri Lankan embassies in foreign countries are fully behind these rendezvous.
Douglas Devananda, whose armed group (EPDP) has caused abductions and killings, is able to meet VIPs in USA, India and Europe. Mr Ananthasangari who lost his deposit in many general elections is freely meeting VIPs around the world. Are those VIPs aware of the background of the people whom they are meeting?
In an interview Ananthasangari himself said "...............But I polled 1,000 odd votes and lost my deposit by one vote. So, that was in the headlines, that ‘LSSP candidate lost deposit by one vote."(excerpts "Lines" February 2004) http://www.lines-magazine.org/Art_Feb04/Ananthasangari.htm
However, their most recent meeting with South African VIPs was, unexpectedly, the most positive help rendered to the Tamils by Mahinda Rajapaksa since he became President.
One of South Africa’s veteran politicians has stated that he had met many Sri Lankan Tamils in the past who had explained why the Tamils are fighting for their right to self-determination. But he was convinced only after meeting Douglas Devananda and Anandasangari it seems. He says that these two personalities are identical to some Blacks who collaborated with Whites during the Apartheid regime. He further said that the speeches, documents and reports distributed by Douglas and Anandasangari are similar to ones produced in the past by those Black collaborators. Eventually the deceptive influence of the documents and individuals melted away because of the power of the genuine struggle of the people.
Promoting the very terror it is fighting against
"………..Firstly, I am mindful that this government is increasingly becoming and promoting the very terror it is fighting against. We have today an elected government that incites hatred, threatens free media and is viciously opposed to the articulation of viewpoints contrary to its beliefs and actions – openly and with total impunity. ............ " (excerpt, "Daily Mirror", 23 May 2007 - By Sanjana Hattotuwa)
EU willing to reconsider aid freeze if need arises
European Union (EU) Head of Mission Julian Wilson has assured that although several European donor countries, including United Kingdom and Germany, had suspended aid to Sri Lanka, they would reconsider this decision, if and when an emergency situation arises.
“The main reason for the donor countries to freeze aid to Sri Lanka is that the
country had not utilised the aid already given as far back as in 2005,
especially after the tsunami,” Wilson told the Nation.
He said that he was unaware whether other EU nations were planning to freeze
aid to Sri Lanka. Addressing a news conference on Tuesday to introduce guiding
principles for humanitarian agencies operating in Sri Lanka, Wilson added that
those principles would be used with regard to the aid operation already
underway in the country.
“If and when those countries decide to grant aid to Sri Lanka again, they would
be subjected to these guiding principles,” Wilson added.
The decision to reaffirm those guiding principles, which were already
formulated by the UN agencies and other humanitarian organisations and are in
practice in other countries, was arrived at due to continued accusations of
partiality levelled at NGOs. Wilson also added that the safety of humanitarian
workers operating in conflict areas was a pressing issue that continue to worry
the EU and other donor countries. (“The Nation” 3 June 2007)
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World Food Programme (WFP) calls it quits in North-East
Leading humanitarian organisations led by the World Food Programme (WFP) has decided to suspend their activities in Batticaloa and Jaffna this month.
Reliable sources told The Nation that the organisations were compelled to take this decision due to the lack of funds, the deteriorating security situation and the incapability to travel to certain conflict prone areas such as Jaffna.
“The organisations have decided to suspend operations by June 15. However there is a possibility that they maybe compelled to suspend operations earlier than scheduled. Unless they receive more funds and leeway to areas like Jaffna, it will not be possible for them to continue their activities,” the sources noted.
“Even we are faced with the same issue as the WFP. Lack of funds is starting to restrict our activities in these areas,” said Lucile Grosjean, the press officer at Action Against Hunger. “Right now we are mainly concerned about water and sanitation needs, and that is what we have been doing so far,” she said.
She noted that in the coming weeks the ICRC maybe the sole distributor of food to these districts. But the organisation may face many obstacles as it will have to distribute food to large and scattered areas.
“We are definitely sure the food shortage in Jaffna is mainly due to the fact that we can’t easily travel to those areas, so we have no idea how people are doing. Batticaloa is also supposed to be experiencing a shortage of food. The constantly deteoriating security situation is not helping either.”
This latest development comes just days following the completion of the first phase of the resettlement programme. At least 30, 000 IDPs have been relocated in the initial phase.
“Sure they have been resettled, but where are they being located? The places don’t have the proper infrastructure. So it’s going to be all the more difficult.” she added. Amjad Mohamed-Saleem, Country Director of Muslim Aid told The Nation that due to logistical delays there is a shortage. He also disclosed that the quality of available food is also deteriorating. As such some of the foods have become inedible. “This is contributing to the shortage,” he lamented. ("The Nation", 3 June 2007)
Sri Lanka - ICRC personnel return to crossing points
Colombo/Geneva (ICRC) – The International Committee of the Red Cross (ICRC) has decided that its personnel will resume their presence at Omanthai and Uyilankulam crossing points, in Vavuniya and Mannar districts respectively, for three days a week effective today.
The decision was announced in Colombo by Toon Vandenhove, the ICRC’s head of delegation.
The organization had withdrawn from the crossing points on 22 May for security
reasons. In discussions with the Sri Lankan government and the Liberation
Tigers of Tamil Eelam (LTTE) over recent incidents jeopardizing the safety of
civilians and ICRC personnel, the ICRC obtained the security guarantees it
needed to resume its tasks.
Under the 2002 ceasefire agreement, it is the Sri Lankan government and the
LTTE that decide if crossing points will be open or closed. The ICRC’s presence
serves as a confidence-building measure between both parties to the conflict in
the best interest of civilians. So far this year, an average of 25,000 persons
have passed through the crossing points each month.
The ICRC had been present on a daily basis since 2002. Although its presence at
the crossing points will now be reduced to only three days a week, it remains
ready to ensure the safe passage of ambulances transporting the sick and
wounded whenever necessary. (ICRC Press
Release 07/693-05-2007)
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Annexes
Letter written to Archbishop of Canterbury by Karen Parker, JD - Chief delegate of IED to UN Co-Founder and President, AHL
18 May 2007
The Most Reverend Rowan Williams
Archbishop of Canterbury
By telefax to: 44.20.7261.1765 and 44.20.7898.1369
Most Reverend Sir:
International Educational Development (IED) and the Association of Humanitarian Lawyers (AHL) write to express our profound shock over your comment of 11 May 2007 that “surgical military actions against terrorism should take place” in Sri Lanka. Besides evincing opprobrious ignorance of humanitarian law, this comment will surely encourage Sri Lankan President M. Rajapakse in his genocidal assault on the Tamil people in Sri Lanka, and, in turn will forward the geopolitical interests of the United States and other international actors who eye the port of Trincomalee, the airfield at Palaly and the exploitation of resources in the Tamil part of the island.
Sinhala policies have oppressed the Tamil people from the day the British flag was lowered and the Tamils were taken by surprise when the new flag was raised featuring the Sinhala lion. Early protests by the Tamil leadership fell on deaf ears, and the Sinhala majority and their political leaders began an all-out assault on the basic rights of the Tamil people from that ominous day. After more than thirty years of negotiations and peaceful protests failed to improve the situation, the Tamils began talking of severing their area from the Sinhala part of the island and forming their own militias to protect themselves. In 1983, severely shaken by the 1983 massacre of Tamils by Sinhala mobs, the largest of the militias, the Liberation Tigers of Tamil Eelam (LTTE), began a full fledged war that, except for intermittent periods, has continued to rage. This armed conflict is fully governed by all applicable rules of humanitarian law, and the combatants in this war, as in any war, are allowed to have land, sea, and air forces and to carry out military operations. Our organizations have been involved with monitoring this war since we first addressed the United Nations human rights expert body about it in August 1983.
Armed conflict is not terrorism. People still have the right under international law to resist oppression and racist regimes. The right to use force as a last resort to achieve freedom and restore human rights is fully protected. What is allowed for Kosovans is allowed for Tamils. While we always regret when any situation deteriorates to the point of war, we can attest that the Tamils clearly had the right to use force long before they actually resorted to it.
The LTTE, the only current resistance force of the Tamil people, is not a terrorist organization. This does not mean that one is siding with the LTTE in the armed conflict or that one has to “like” the LTTE (or the Tamils for that matter); it merely recognizes the obvious -- a war has broken out -- and places review of that war properly under the humanitarian law regime. As should be patently obvious, terrorist organizations, unlike the LTTE, are not in military uniforms, do not carry out military operations using the instrumentalities and materiel of armed conflict, do not control territory, and usually do not even have an identifiable chain of command. We are well aware that the term “terrorist organization” has been applied to the LTTE by the United States, the United Kingdom and the European Union, but this has been to forward a political agenda, is not in conformity with applicable humanitarian law and is clearly wrong on its face.[1] Many legislators, experts,
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and human rights and humanitarian law organizations, including our own, have protested this false, politically-motivated designation.[2]
We understand that some, if not many, are confused by the terms, in part because of the purposeful obfuscation by the United States in its operations in Afghanistan, Iraq and at Guantanamo, and by its desire to be able to decide at will who is a “freedom fighter” and who is a “terrorist” based on its own interests -- as it has since World War II. We also understand that most ordinary people are intimidated by the labeling. However, we would expect that a person of your stature, traveling in a country at war, on a mission that you claim was to help bring peace to the island, would know better. Instead you contributed to the orchestrated confusion and, even worse, openly sided with the Sinhala in the Tamil/Sinhala war. This is reinforced by the fact that you did not visit the Tamil areas. We wonder if you even asked to.
Perhaps the worst outcome of your remark is that it fosters the notion that the Geneva Conventions and the laws and customs of war do not apply to this war and makes the dire situation of the Tamil victims of this war far worse. The government has clearly taken advantage of the lack of international review of this war using applicable humanitarian law to carry out serious war crimes with apparently no fear of international consequences: attacks on hospitals, children’s schools, churches, camps for internally displaced, villages and towns and aid workers; wholesale disappearances and murders of Tamil civilian; the denial of food and medicines for the Tamil civilian population due to blockades; -- to name a few -- receive little or no mention.[3] Those who dare ask about the fate of Tamil civilians are instantly attacked by the Sri Lankan authorities for supporting “terrorism.” The government of Sri Lanka has even backed the United Nations Human Rights Council and its mechanisms into a corner, making a laughing stock of them and threatening to destroy human rights systems carefully built up since 1948.
We are not aware of remarks you may have made privately to the Sri Lanka authorities, so it may be that you spoke candidly, if not forcefully, about the need to reopen all ground routes to allow food and medicine to all Tamils in the North and East or about the need to cease bombing civilian targets, or the need to call off the “white vans” that scoop up Tamils every day, or the need to allow full humanitarian aid to all victims of the armed conflict, or the need to allow proper monitoring of the situation, and other highly pertinent topics. We would certainly hope so. However, the fact remains that you made a highly offensive public comment for which the international community, especially the Tamil people, needs a full apology. The Tamil people were clinging to a ray of hope in their ordeal for their rights, but instead received cruel disillusionment. We also expect before your next “peace” mission to a war torn area you study the conflict well in advance, and bring along texts with the rules of humanitarian law.
We also send you a copy of our letter to the United Nations Special Advisor to the Secretary-General on the Prevention of Genocide and the United Nations High Commissioner for Human Rights in light of the situation of Tamils. We are happy to provide other pertinent material we have submitted to the United Nations if you so request.
Yours most sincerely,
Karen Parker, JD
Chief delegate of IED to UN
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Written statement submitted by International Educational Development,
A non-governmental organization on the Roster
Contact person: Karen Parker, JD, Chief Delegate
Phone: 1.415.668.2752 or 41.79.240.1066
E-mail: ied@igc.org
Language: ENGLISH ONLY
HUMAN RIGHTS COUNCIL
Fifth session
The continuing genocidal crisis in Sri Lanka[4]
1. Since our written statement submitted to the Council at its Fourth session (“The genocidal crisis in Sri Lanka,” A/HRC/4/NGO/44) International Educational Development, Inc. and the Association of Humanitarian Lawyers confirm that the genocidal crisis in Sri Lanka against the Tamil people has actually worsened and must be addressed on an urgency basis by the Council and its mandate-holders.
2. Focusing on the mandates now under review, we urge the Special Rapporteur on Adequate Housing to investigate further the forced evictions and displacement of Tamil civilians as a result of the armed conflict. The Sri Lankan military forces have been targeting Tamils with air strikes and ground troop actions to force them to flee into what become “containment” areas. There is clear evidence that some of the vacated properties are given to Sinhala military personnel and civilians. The Special Rapporteur should also investigate as a matter of great urgency the failure to address the post-Tsunami housing needs of Tamils in the Tamil areas on a par with that offered in the Sinhala areas. As all should be are aware, the United States government told the American Red Cross and other aid providers that aid could not be provided in the Tamil areas -- even those under government control. The Sri Lankan government itself blocked much post-Tsunami relief to the Tamil areas, and never implemented the fair-share agreement (called P-TOMS) worked out between it and the Liberation Tigers of Tamil Eelam (LTTE).
3. We point out to the Independent Expert on Extreme Poverty that while the Tsunami was a force majeure, the policies to prevent post-Tsunami aid to the Tamil areas are completely man-made. Most Tsunami victims are still in makeshift shelters with little food. This is heavily compounded by the armed conflict, which has further displaced hundreds of thousand of Tamil civilians. Government restrictions on traditional life-supporting livelihoods for Tamils in Tamil areas have denied the Tamils the ability to help themselves. For example, there are heavy restrictions on coastal fishing, which violates basic humanitarian law rules, and High Security Zones cover most of Tamil agricultural areas. Access to building materials such as concrete is limited, so people cannot rebuild their homes. We urge the Independent Expert to address this as a matter of great urgency.
4. We urge the Special Rapporteur on the Right to Food to investigate as a matter of the highest priority the use of food as weapon of war against Tamils. In addition to the serious disruption of fishing and farming in the Tamil areas, the government continues to block the land routes into the Tamil areas, especially Route 9 to the North. International aid providers are in a constant crisis mode, as supplies run low and it becomes increasingly difficult to provide even subsistence levels. The Tamil people are near starvation; their children are stunted and mal-nourished. We draw particular attention the Statute and Elements of the International Criminal Court, which provides that restricting food and medicines for the civilian population is part of the crime of extermination. See ICC, Rome Statute, Articles 7 (1)(b) and 7(2)(b); ICC Elements, Article 7(1)(b).
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5. We urge the Special Rapporteur on Racism to investigate the increasingly overt anti-Tamil racism in Sinhala political parties and government, unfortunately echoed by others both in Sri Lanka and abroad. Denying the Tamils their fair share of post-Tsunami aid is obviously racism at its worse. The upsurge in racism in Sri Lanka is moving the situation closer to genocide. The Sinhala people have already carried out wholesale massacres of thousands of Tamils three times since independence, and at present, there are smaller incidents occurring practically daily with nearly complete impunity. Perhaps he could investigate in concert with the Independent Expert on human rights and international solidarity, whose mandate is also invoked because the constant demonizing of the Tamil people, whether at home or in exile, has impeded humanitarian aid needed to victims of both the Tsunami and the armed conflict. We note paragraph 7 of his report (A/HRC/4/8) regarding the obligations of all States to combat terrorism, but point out that the government of Sri Lanka, with the help of especially the United States, has distorted the difference between armed conflict and terrorism so as to “legitimize” anti-Tamil policies and to deny humanitarian aid to the Tamil victims.[5] In our view, the legally incorrect labeling of the LTTE as a terrorist organization has been the single most important factor in the failure to reach a settlement of this conflict.
6. Under international law, people have the right to resist oppression and racist regimes: the right to use force as a last resort to achieve freedom and restore human rights is fully protected. What is allowed for Kosovans is allowed for Tamils. While we always regret when any situation deteriorates to the point of war, we can attest that the Tamils clearly had the right to use force long before they actually resorted to it.[6] This armed conflict is fully governed by all applicable rules of humanitarian law, and the combatants in this war, as in any war, are allowed to have land, sea, and air forces and to carry out military operations. Victims of the armed conflict, including civilians and sick and wounded combatants, are entitled to humanitarian aid.
7. Many legislators, experts, and human rights and humanitarian law organizations, including our own, have protested the false, politically-motivated designation of the LTTE as a terrorist group.[7] However, we are also aware that even some “experts” are now confused while trying to separate armed conflict from terrorist/counter-terrorist activities, in part because of the purposeful obfuscation by the United States in its operations in Afghanistan, Iraq and at Guantanamo, and by its desire to be able to decide at will, as it has done since World War II, who is a “freedom fighter” and who is a “terrorist” based on its own interests. We also understand that most ordinary people are intimidated by the labeling, thus also affecting international solidarity.
8. The government of Sri Lanka cannot be allowed to back the Human Rights Council and its mechanisms into a corner, making a laughing stock of them and destroying UN human rights systems carefully built up since 1948. We expect that Council and its mandate-holders will ensure that the government of Sri Lanka’s “free ride” is over and will take strong, effective measures to prevent the annihilation of the Tamil people and to facilitate a just peace.
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