An Appeal to
The United Nations
Sub-Commission on the Promotion
and
Protection of Human Rights
Un appel ŕ Nations Unies
Sous-Commission de la
promotion et
de la protection des
droits de l'homme
na Ilamada a Naciones Unidas
Sub-Comisión para la Promocion y
Proteccion
de Derechos Humanos
54 Session / Sesiones
29 / 07 / 2002 -- 16 / 08 /2002
The Tamil Centre for Human Rights (TCHR), 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.
In
1993, the TCHR 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.
Contents
Page
TCHR appeal to the 54th
session 03
Recent United Nations Reports on Sri Lanka - 2002
1. Report
of the Special Rapporteur of Independence judges and Lawyers 05
2. Report
of the Special Rapporteur of Disappearances and Summary Executions 06
3. Report
of the Special Rapporteur of Freedom of expression 08
4. Report
of the Special Rapporteur of Torture and detention 12
5. Report
of the Working group on Enforced or Involuntary Disappearances 17
Annex II Decisions on individual cases taken by
Working Group during 200118
Annex III Cases of enforced or involuntary
disappearance reported to the Working Group between 1980 and 2001 19
6. Report of the Special Rapporteur on violence against women
7. Report of the Special Rapporteur of the Sales of Children, Child prostitution and
Child pronography 23
8. Report of the Special Rapporteur of Secretary General on Human Rights defenders24
9. Report of the Special Rapporteur of Religious Intolerance 25
Places of
worship and public buildings in the North-East occupied by SL Security forces
Assassination
of Kumar Ponnambalam 32
TCHR summary (names, dates,
place of incidents, etc)
Arbitrary
arrest / Detention 33
Extra judicial killings / Summary executions \
Rape /
Torture and others 34
July 29
2002
The Chairperson
Members of the Sub-Commission on
Promotion and Protection of Human
Rights
54th Session
1211 Geneva 10
Switzerland
Honoured
Sirs / Mesdames,
After
nearly twenty years of armed conflict there is flourishing hope for peace in
the island of Sri Lanka. The ceasefire has been put firmly in place and
violations of its conditions are being brought to the attention of the Sri
Lanka Monitoring Mission.
The
Memorandum of Understanding (MoU) signed by the Prime Minister, Mr Ranil
Wickremesinghe and the Leader of the Liberation Tigers of Tamil Eelam (LTTE) Mr V Pirabakaran, on February 22nd
2002, introduced new hopes for a permanent peace.
These
hopes built a momentum during the remainder of February and April. However the
momentum started to slow down as the opposition to the government tried to
scuttle the peace process. The present President, the Prime Minister, other
Ministers and the military commanders, made different statements and it has
become a case of “Too many cooks spoil
the broth.” Some Sinhala parties and groups, as well as the so-called EPDP and
UTHR are clearly against the peace
process, and make contradictory statements and play a double game.
The
ceasefire agreement aims, through detailed confidence-building measures, to
create an atmosphere of normalcy in which peace talks can begin. An atmosphere
where people can live and work in their daily lives with dignity and respect.
Such a normalcy is still far off.
It
is sad to note that many violations of the ceasefire agreement are being
brought to the attention of the Sri Lanka Monitoring Mission.
The
government must address the serious violations against the ceasefire agreement
committed by the various sections of the Sri Lankan armed forces. The
violations of the MoU, outlined below, are violations of the Economic, Social
and Cultural Rights of the Tamil people, and must come to an immediate end.
The
fishermen are still experiencing severe restrictions imposed upon them
unnecessarily by the Sri Lankan Navy. In many parts of the North and East they
are intimidated and harassed, some have even been killed. This is an outrageous
breach of the ceasefire agreement.
The
Sri Lanka Police Special Task Force (STF) continue to harass civilians in the
Eastern Province. Civilians continue to be deliberately subjected to the indignity
of body searches in many parts of the Tamil homeland. Low-flying unmanned
aerial vehicles continue to terrify residents and families who still live in
fear, with painful memories of bomber jets overhead, bombing and strafing,
killing and maiming their kith and kin.
Schools,
temples and hospitals continue to be occupied by the Sri Lankan armed forces.
The Education Ministry stated in May that 80 schools still remain occupied by
the Sri Lankan army.
According
to the Ministry of Hindu Affairs the Sri Lanka Army continue to occupy 274
Hindu temples in Jaffna District, whereas according to the cease-fire
agreement, Article 2.2, the army should have vacated the premises by 26 March.
Hundreds of other temples and churches are still occupied by the Sri Lankan
army.
In
some cases the Sri Lankan army has withdrawn from civilians buildings only to
immediately build nearby high security zones, thereby occupying again civilian
homes and buildings in the traditional Tamil homeland. This is utterly contrary
to the spirit of the agreement. The Sri Lanka forces in Jaffna have expanded
the territory they occupy and in Trincomalee the Sri Lanka Navy has
strengthened its camps.
In one of the most horrific
violations, villagers in the Eastern Province, have been asked to prepare their
own coffins, by the Sri Lankan army, who stated categorically that the
ceasefire will not hold and the war will begin again, so the villagers should
prepare for their imminent death.
The
intransigence of the military which has become used to maintaining its position
of War for Peace, under the previous government and the President (who still
holds the Presidency), remains a huge obstacle to peace.
All
these violations are undermining the good intentions of the agreement and impeding
the implementation of the confidence-building measures indicated in Article 2
of the Agreement.
It
is sad to note that although the Memorandum of Understanding signed between the
LTTE and the Government of Sri Lanka has created normalcy in all seven Southern
provinces, normalcy does not exist in the North East.
In breach of Article 2.5, people are harassed and vehicles are stopped at checkpoints in the North East, whereas there are no longer checkpoints in the Southern areas.
Those
who do not want peace cause serious trouble by raising deliberate red herring
allegations against the Tamil Liberation movement. The SLMM deals with all
complaints insisting, rightly, that it should be the parties on the two sides
to the conflict that should bring the complaints, rather than others with
a vested interest in pursuit of war.
We
urge the members of the Sub-Commission to note with serious concern the plight
of the Tamil civilians in the North East of the island and to take note of the
serious violations of the MoU, which are violations of their Economic, Social
and Cultural Rights. Some of these are mentioned above.
It is crucial at this time that all who are dedicated to human rights speak out for the Human Rights of the Tamils and all peoples on the island of Sri Lanka.
By
alleviating the plight of the Tamil people, conditions of normalcy can be
created in which Peace talks can then begin. While oppression continues
and basic daily reality is filled with fear and dread how can there be hope
for a just peace?
We
cannot fail to also bring to your attention the question of Civil and Political
rights of the Tamil people. Under the Prevention of Terrorism Act (PTA) there
continue to be thousands of Tamil political prisoners languishing in jail with
neither charge nor trial. Many have been tortured over the years to extract
forced confessions. The draconian PTA must be abolished and the ban on the LTTE
lifted. Without this there can be no respect for Civil and Political rights of
the Tamil people in the island of Sri Lanka.
We are sad to have to report that there has been no progress on the case
of the assassination of Mr GG Ponnambalam on 5thJanuary 2000,
despite ample evidence regarding the alleged perpetrators of the crime.
Sirs
/ Mesdames, distinguished Chair and Members of the Sub-Commission,
We
kindly request you to consider our appeal and to urge the government of Sri
Lanka to vigorously take action to promote and protect the Economic, Social and
Cultural Rights and the Civil and Political Rights of the Tamil people in the
island of Sri Lanka.
It
behoves yourselves as Members of the Sub-Commission, distinguished specialists
in the promotion and protection of human rights, to take action, as an integral
part of the international community’s duty to pursue peace with dignity and to
encourage those committed to the peace process, in which Norway has taken such
a significant role.
We
believe that this Sub-Commission can be a vehicle to express the noble values
and aspirations for humanity that underpin all true efforts to promote and
protect Human Rights and thereby make a real and valuable contribution to the
creation of conditions in which constructive peace talks can take place, for
the good of all the peoples of the island of Sri Lanka.
We
appeal to you to take action.
Thanking
you.
160 Following his earlier communication on 13
September 1999 (see E/CN.4/2000/61, para. 251) on 10 August 2001, the
Special Rapporteur sent a communication regarding the perceived lack of
confidence of the judiciary after the appointment of Sarath Silva, the former
Attorney-General of Sri Lanka, as Chief Justice. A matter of particular concern was possible legal challenges to a
proposed referendum about the need for a new constitution. Impeachment proceedings against the Chief
Justice were pending before Parliament when it adjourned. The Special Rapporteur urged that in the
circumstances the Chief Justice should refrain from exercising his judicial
functions until the impeachment proceedings had been concluded. The Special Rapporteur also reminded the
Government of his earlier request for a mission.
161 On 28 August 2001, the Government responded,
stated, inter alia, that the information received by the Special Rapporteur
regarding the Chief Justice was factually incorrect. It further stated that the campaign against the Chief Justice was
orchestrated by persons with vested and personal interests, which is proven by
the fact that in the recently concluded cases filed in the Supreme Court
challenging the appointment of the Chief Justice, a bench of five judges,
whilst dismissing the said applications, held, inter alia, that vital documents
against the Chief Justice had been fabricated.
162 The Government, under cover of a further
communication on 28 September 2001, forwarded to the Special Rapporteur the
text of the bill for the seventeenth amendment to the Constitution.
163 As for a mission, the Government indicated that it
was still under consideration.
164 The Special Rapporteur thanks the Government for
its responses. He has had the
opportunity to read the judgement of the Supreme Court referred in the
Government’s reply. While there was a
finding of a false affidavit in the proceedings, yet the Court dismissed the
petition challenging the appointment of the Chief Justice by the President on
the grounds that the Court did not have the jurisdiction to do so. The Court added that there was no allegation
that either the Chief Justice or the President had violated the fundamental
rights of the petitioners. It found
that the Chief Justice could only be removed by the procedure set out in the Constitution. It was a matter of grave concern to the
Special Rapporteur that the Chief Justice himself had empanelled the bench to
hear the petitions against him.
165 In the light of these developments, the
International Commission of Jurists sent a mission composed of distinguished
jurists to Sri Lanka in August 2001. In
its report the mission found, inter alia, that “the perception of a lack of
independence of the judiciary was in danger of becoming widespread and that it
was extremely harmful to respect for the rule of law by ordinary citizens”.
166 The Special Rapporteur once again expresses his
concern over the delay in the investigation and apprehension of the
perpetrators of the murder of Kumar Ponnampalam.
* * *
DISAPPEARANCES AND SUMMARY EXECUTIONS
Extracted from the report of the Special Rapporteur, Ms. Asma Jahangir
E/CN.4/2002/74/Add.2 -
8 May 2002
Sri Lanka
Communications sent
547 The Special Rapporteur, jointly with the
Special Rapporteur on Torture, transmitted an allegation concerning the
following case.
548 Uchita Thussara Kumaea, aged 33, was
reportedly arrested by officers from Ja-ela police station on 24 March 2001 and
subsequently sent to the remand prison of Negambo. According to the information
received, the relatives learned of his death in custody on 26 March 2001. It
was reported, that an examination took place and that it was allegedly
concluded that the death was caused by internal injuries, which sugested that
Uchita Thussara Kumaea was tortured to death by the police at Ja-ela police
station.
549 The Special Rapporteur, jointly with the
Special Rapporteur on Violence against Women, its Causes and Consequences and
the Special Rapporteur on Torture transmitted allegations concerning the
following individuals.
550 Velauthapillai Rajani, aged 22, from
Urmpirai North, was reportedly arrested on 30 September 1996 in
Kondavil-urmpirai road by the Sri Lankan army. She was allegedly dragged into a
house and raped. According to the information received, her naked dead body was
found later in the compound.
551 Ida Hamilitta, aged 21, was reportedly
raped and shot at by army personnel on 13 July 1999, in her home in Pullimunai
in Mannar district. A post-mortem investigation allegedly revealed that Ms.
Hamilitta was raped and shot at her genitals, beaten and stabbed on the
abdomen. Kesavan Rajah, aged 63, who reportedly had been forced to bring the
police to Ms. Hamilitta's place was allegedly threatened when he went to the
Pallimunai police to lodge a complaint. It was further reported that the police
refused to take his statement.
552
Krishnapillai Thayayothy, aged 32, was reportedly raped and killed by Home
guards operating with the Government forces, at Poomaraththadichenai, Muttur,
on 2 October 2000.
According
to the information received, she was abducted along with six other farmers who
were working in paddy fields. All of them were reportedly brutally murdered.
Allegedly, Ms. Thayayothy's body was mutilated.
Communications received
553
On 7 December 2001 the Government of the Democratic Socialist Republic of Sri
Lanka transmitted its reply to an allegation concerning Ms. Ida Hamilitta, who
was allegedly raped and shot dead by security force personnel. The Special
Rapporteur was informed that initial investigations confirmed the allegation
that a group of army personnel entered the house of the aforementioned person,
raped and killed her on the night of 12 July 1999. It was further reported that
a Corporal and a soldier of the Sri Lanka Army were arrested on 20 July 1999 in
relation to the murder. Three accomplices also belonging to the army reportedly
surrendered themselves to the Magistrates Court on 13 December 1999. A fourth
suspect reportedly surrendered himself to the Court on 31 January 2000. The
Government further reported that criminal proceedings against the suspects were
instituted, but on 3 July 2001 charges against three of the suspects had to be
dropped as there allegedly existed no evidence to proceed against them.
However, the Special Rapporteur was informed that the Non Summary Inquiry
against the two main suspects was pending.
554
On 9 July 2001 the Government of the Democratic Socialist Republic of Sri Lanka
transmitted to the Special Rapporteur information on the developments with
regard to the judicial investigation into the incident relating to the killing
of inmates at the Bindunuwewa Rehabilitation Centre. An internal conflict
between the inmates and the officers-in-charge reportedly arose during one of
the daily assemblies on 24 October 2000. In the course of the conflict the
assistant administrative officer, Lt. Abeyratne, reportedly got injured and
fled the scene. The Government reported further that police and army personnel
were deployed subsequently and were in place until the dawn of the following day.
Allegedly, on 25 October 2000, villagers who had gathered with the aim of
demanding the authorities to remove the Centre from the village, engaged
themselves in a protest demonstration that eventually turned violent. The
violence reportedly culminated in an attack on the inmates by a group of the
villagers. According to the information received, 63 police officers had been
deployed at various locations in and around the Centre on 25 October 2000, but
no meaningful action to prevent the intrusion appeared to have been taken.
Reportedly, 27 people got killed and 14 others injured. Selvarajah Thurairajah,
Marimuttu Blakumar, Vinayagamorthy Senduran, Kadiragamathambi Madiyaalagam,
Anton James, Vishwalingam Vejendran, Gunapala Jayawardanan, Sinnadorai Mohan,
Punnayamoorthy Madiyaalagan, Vishvamvaram Rubeshkumar, Ramasm Karunakaran,
Kanapathipillai Ravindran, Pushparajah Kandeepan, Sivayogarasa Vipulanandarasa,
Sivaganasundaran Sivaruban, Thiruchetrum Balan, Maivaganam Kanagalingam,
Perimbanayagam Nirmalarajah, Vigneshvaram Jayakanthan, Adeikan Ramachandran,
Kanagasingham Prabaharan, Gookulamani Sajeevan, Somasundaram Selvarasa,
Balachandran Murali Daran, Sundaralingam Sivasankar, Sandanam Selvarajah and
Sivam Kubendran were listed as the deceased. Post mortems that were carried out
allegedly revealed as causes of death cardio respiratory failure due to shock
and hemmorrhage resulting from injuries caused by sharp and blunt weapons. The
Special Rapporteur was informed that a total number of 41 suspects were facing
criminal prosecution at the instance of the Attorney General, including ten
police officers who were manning entry points in their capacity as heads of
teams, through which the assailants had gained access. Finally, the Government reported that with
regard to the magnitude of the crime, the Attorney General had made a request
to the Chief Justice that the trial be held before a Trial-at-Bar, a special
trial procedure where a preliminary inquiry is dispensed with and the trial is
expeditiously conducted by three judges of the High Court with one such judge
sitting as the president of the bench. The indictments would reportedly be
served on suspects upon receipt of copies of
extracts by the High Court.
555
On 9 March 2001, the Government of the Democratic Socialist Republic of Sri
Lanka informed the Special Rapporteur about a correction of its communication
sent in response to the Rapporteur's communication dated 31 October 2000
concerning the incident at Bindunuwewa Rehabilitation Centre, Bandarawela. The
Special Rapporteur was informed that the correct amount of compensation for
death caused by violence is generally Rs. 200,000.00 including funeral
expenses. However, it was said that on a special directive by Her Excellency
the President, in the case of the Bindunuwewa incident the amount payable was
increased by four-fold to a sum of Rs. 200,000.00 as compensation payable to
the next of kin and a sum of Rs. 10,000.00 for funeral expenses.
* * *
E/CN.4/2002/75/Add.2 - 25
February 2002
221 On 28 September 2001, the Special Rapporteur
transmitted a communication concerning the following cases: (a) Subramaniam Thiruchelvan, a
correspondent for the governmental press group Lakehouse Newspapers and the Tamil newspaper Valampuri, was arrested in Point Pedro, Jaffna district, after
an anonymous petition was sent accusing him of collecting money for the
LTTE. The journalist was arrested under
Emergency Regulations 18 and 19, which allow the authorities to detain without
charge for six months, and beaten with a pipe several times by policemen. A hearing was to take place on 16 March 2001
but was postponed. On 30 March 2001,
Mr. Thiruchelvam was released on the order of the Attorney General for lack of
evidence (b) A.S.M Fasmi, a reporter for the Tamil-language newspaper Thinakkural, was reportedly
detained, interrogated and threatened repeatedly with death since he reported
on the alleged rape of two Tamil women detained by local security forces
in April 2001. On 21 March
2001, the same day as Mr. Fasmi’s report on the rape charges appeared in Thinakkural, intelligence officers
from the 21-5 army brigade in Mannar summoned the journalist for interrogation
and accused him of plotting to bribe members of the armed forces
and thereby tarnish their image.
A.S.M. Fasmi was transferred to the crime branch of the
Mannar police (c) Upendra Chitral Alwis, a reporter for a television news
programme, was
allegedly manhandled and verbally abused by officers belonging to a special
police unit while covering a murder case on 12 June 2001 in Colombo city;
(d) Aiyathurai Nadesan, a veteran journalist in Batticaloa, Vice-President of
the Sri Lanka Tamil Media Alliance and recipent of the Best Journalist of 2000
prize awarded by the Sri Lanka Editors’ Guild, was summoned on 17 July 2001 to the
office of Colonel Manawaduge, the commander of the 23‑3 battalion
in Batticaloa, threatened and accused of writing solely anti-Government
and anti‑military news and articles; (d) a bomb exploded on 3 April
2000 at the home of Nellai G. Nadesan, a Batticaloa-based columnist for Virakesari, the country’s leading
Tamil‑language newspaper. Those
responsible for the incident were linked to pro-Government Tamil
paramilitaries. Mr. Nadesan had
received a telephone death threat after his paper ran an article in March 2000
about atrocities committed by a member of the People’s Liberation Organization
of Tamil Eelam (PLOTE), an armed Tamil group that supports the Government’s
battle against separatists. Mr. Nadesan
had not written the article, although he had regularly written about the
activities of PLOTE and other pro-Government Tamil groups in Batticaloa;
(e) S.M. Gopalratnam, editor of Thinakathir,
the only Tamil daily in eastern Sri Lanka, and sub‑editor K. Rushankan
were summoned by Colonel Manawaduge who accused them of supporting the LTTE;
(f) on 23 May 2001 the Colombo offices of the Sinhala-language weekly Ravaya and the Tamil-language weekly
Athavan were bombed by unidentified persons. The incident, which caused no material damage or injuries, was
apparently a “warning” linked to the newspapers’ critical reporting,
specifically in connection with impeachment proceedings against Supreme Court
Chief Justice Sarath Silva. According
to police sources, the smoke bomb used by the attackers is reportedly only
available to Sri Lankan security forces.
Previously, Ravaya had
reportedly been critical of the Government and had played an important role in
the impending impeachment motion against the Chief Justice; (g) on 23 February
2001 by the State‑run Daily News
and Dinamina accused two
opposition parties, the United National Party (UNP) and the People’s
Liberation Front (JVP), of conspiring to overthrow the Government. The article in Dinamina also
mentioned the names of Saman Wagarachchi, editor of Peramuna,
and Sujeewa Gamage, editor of Peraliya.
Moreover, on 28 February 2001, the Peraliya office in
Colombo was set on fire by unidentified persons. Mr. Gamage and other members of the staff had received
several threats prior to this incident, and afterwards Mr. Wagarachchi
received threats over the telephone; (h) Sri Lankan authorities allegedly
intimidated Victor Ivan, a journalist honoured for his work by the University
of Colombo and editor-in-chief of Ravaya. After five criminal defamation cases were
filed against him, Mr. Ivan filed a number of petitions to have the
charges dismissed and was fighting a complex legal action over a Ravaya article alleging the rape of a
woman by a magistrate. All of the
criminal defamation charges were brought under either section 479 or section
480 of the Sri Lankan Penal Code; (h) the Special Rapporteur raised
concern at the lack of progress in the case involving Iqbal Athas, defence
columnist for The Sunday Times,
and his alleged harassment by two air force officers who have been indicted for
criminal intimidation, criminal trespass and unlawful entry into the
journalist’s home. These acts were
allegedly in retaliation for a series of exposés Mr. Athas had written for The Sunday Times about corruption in the
military and irregularities in the air force’s weapons procurement
practices. On 12 February 1998,
five armed men entered Mr. Athas’ home and threatened him and his
7-year-old daughter at gunpoint. Two
Sri Lankan air force officers, squadron leaders H.M. Rukman Herath and
D.S. Prasanna Kannangara, identified by Mr. Athas and his wife as being
among the five intruders, were indicted on criminal charges but were released
on bail. The case has
been postponed seven times. Since
the attack, the administration has provided security for Mr. Athas and his
family; (i) on 17 June 2001, several State-owned media outlets, the Tamil‑language
daily Thinakaran, the Sinhala-language daily Divaina and the English-language Daily News, published a press
release accusing four journalists of
“maintaining secret connections with the LTTE”. These journalists are P. Seevagan, who reports for the BBC’s
Tamil service and heads the Tamil
Media Alliance; Roy Denish, defence correspondent for The Sunday Leader; Saman
Wagaarachchi, editor of the Leader’s Sinhala-language counterpart, Irida
Peramuna; and D. Sivaram (alias “Taraki”), an outspoken freelance
columnist. All these journalists were
reportedly listed in the online magazine, The Global Spy Magazine, as LTTE spies or
sympathisers.
The front page article in Thinakaran
alleged that Mr. Wagaarachchi had been involved in the murder of two men who
had been accused of treason by the LTTE.
Under Sri Lankan law, the LTTE is a proscribed organization and
membership is a criminal offence.
On 18 June 2001, two men attempted to enter Mr. Sivaram’s Colombo
home; (j) a group of journalists, members of the Free Media Movement (FMM), were threatened by an armed group
allegedly members of the Presidential Security Division (PSD); (k) on 26 March
2001, the Director of Information issued an order preventing the television
channel TNL from showing the layout of the new presidential palace during a
programme on this. The action taken by
the Government, on the grounds of national security, had aimed at preventing a
debate from taking place. Although the
Supreme Court had previously directed the Director of Information to provide
guidelines for the maintenance of regulations on censorship of war-related
information and news, he has not yet complied with this directive.
222 On 1
October 2001, the Special Rapporteur transmitted a communication concerning
the following murders. On 2
November 1999, Atputharajah Nadarajah, chief editor of the Tamil‑language
tabloid weekly Thinamurasu and
an MP for the Jaffna district and representative of the Ealam People’s
Democratic Party, was shot dead by unidentified gunmen in Colombo. His driver was also killed. Mr. Nadarajah had in the past year veered
his paper towards support of the nationalistic Tamil Tigers and away from
the majority Sinhalese parties.
Another case concerns the killing, on 7 September 1999, of Rohana
Kumara, editor of the pro‑UNP (United National Party) opposition
tabloid, Satana (Battle), by unidentified assailants in a
suburb of Colombo. Mr. Kumara was
known for his exposés of government corruption. Furthermore, the Special Rapporteur expressed his concern
about the murder on 31 December 1999 of Anthony Mariyadasan, a
journalist working for the State-run Sri
Lanka Broadcasting Corporation, by a group of armed people in
Vavuniya. Witnesses suggested that the
gunmen were LTTE guerillas.
Finally, the Special Rapporteur raised concern about the murder on
19 October 2000 of Mailvaganam Nimalaranjan, correspondent of the
Tamil daily Virakesari and regular
contributor to the BBC and several other international media, by unidentified
attackers.
223 The
Special Rapporteur transmitted a communication on 10 October 2001 regarding the
case of Elmo Fernando, Colombo correspondent for the BBC, who was reportedly set upon during a demonstration
organized on 6 April 2000 by the National Movement against Terrorism and
Sinhalese extremist organizations. In
the same communication, the Special Rapporteur considered the case of the
arrest on 28 May 2000 of Arul Sathiyanathan, a journalist with the Tamil
Government-owned daily Thinakaran. The reporter, who is of Tamil origin, was
suspected of having ties with the LTTE.
The case of Mr. Srivagan and Mervin Maheshan, the two organizers of a
training seminar for Tamil journalists in Batticaloa who were threatened by
anonymous callers who accused them of being spies for the LTTE on 22 April
2001, was also considered by the Special Rapporteur. R. Thurairatnman, correspondent for the Tamil dailies Thinakaran and Daily News and the public sector broadcasting corporation SLBC in
Batticaloa, was questioned by members of the anti-subversion police unit
regarding his participation in the seminar.
Furthermore, the Special Rapporteur expressed his concern about the
interruption, on 11 May 2000, by the management of the Government-owned
Sri Lanka Broadcasting Corporation (SLBC), of the programme “Sandesaya”,
produced by the Sinhalese and Tamil services of the BBC and broadcast by the
SLBC. On the same day, BBC and CNN
reports on Sri Lanka, broadcast on TV news on the first channel of the
SLBC, were censored. The Special
Rapporteur also noted with great concern that from 15 to 31 May 2000, Ariya
Rubasinghe, director of censorship, sent letters of warning to five
publications that had not complied with emergency
regulations.
Two Sinhalese-language newspapers, Lankapida and Divaina,
and three English-language publications, The Daily Mirror, The Island
and The Sunday Leader,
were accused by the authorities of publishing articles on the appointment
of a new commander‑in-chief of the armed forces without submitting them
for approval. Another case
of concern was the questioning, on 18 May 2000, by nine armed police
officers of Namal Perera, news editor at the privately owned television channel
TNL at his Colombo home. He was suspected of violating censorship
laws. According to the director of
censorship, “TNL informed television viewers about an attack without being
authorized to do so”. The attack, in
which 23 persons died, occurred in Batticaloa.
Furthermore, the Special Rapporteur raised concern at the banning of Uthayan, a newspaper published in
Jaffna, on 20 May 2000, for publishing military information without checking it
with the relevant authorities. The
chief censorship officer explained that “this newspaper acted maliciously and
to our detriment by publishing information favourable to the LTTE”. The Special Rapporteur also noted with
great concern that the weekly The
Sunday Leader and its Singhalese-language equivalent, Irida Peramuna, were banned on 22 May 2000 for six months by
the censorship office for denouncing corruption within the Government and for
questioning a French degree awarded to the President. Ten editors lodged an appeal with the Supreme Court. On 26 June the President reduced the ban on The Sunday Leader and its Sinhalese
edition to three months. On 30 June,
the Supreme Court ruled that the director of censorship was not authorized to
censor articles or close newspapers.
Censorship was therefore illegal and the judges ordered the Government
to pay US$ 1,500 in damages to the owner of The Sunday Leader. On 5 September the Government revoked
regulations 12 (1) and 14 which imposed censorship. The case of Keerthi Kalamegam, a journalist with the Sunday Observer, who decided to go into
exile in India because he felt threatened by killers, was also considered
in the communication. Author of the
book Goodbye Chandrika,
the journalist had lost his job for his “overcritical” comments about the
President. Finally, in the same
communication, the Special Rapporteur raised concern about the following
case. On 5 September 2000, Sinha
Ratnatunga, publisher of the independent newspaper The Sunday Times, was given a two-year
suspended jail sentence after appealing against an initial verdict. The journalist was found guilty in 1997 of
libelling Chandrika Kumaratunga.
224 The
Special Rapporteur thanks the Government for its invitation and hopes to
receive replies before his visit to Sri Lanka next year.
225 Following
its letter dated 29 April 1998 and 10 November 1999, the Government has
extended an invitation this year. The
Special Rapporteur was supposed to travel on official mission from 27 November
to 2 December 2001. Owing to the
elections, the mission was postponed.
The Special Rapporteur intends to visit Sri Lanka in early 2002.
Extracted from the report of the Special Rapporteur,
Sir Nigel Rodley
E/CN.4/2002/76/Add.1- 14
March 2002
1511 By letter dated 22 August 2001, the Special
Rapporteur advised the Government that he had received information on the
following individual cases.
1512 Shanmugam Manogaran was reportedly
arrested by the army on 12 June 1996, detained at the camp of the Batticaloa
unit of the military intelligence at Lake Road 1, then at the office of the
Counter-Subversive Unit at Pioneer Road in Batticaloa town, and subsequently at
Batticaloa jail. During detention and
interrogation, he was reportedly hung upside down by his toes and beaten with
plastic pipes, blunt weapons and sticks.
His eardrums were injured, due to heavy blows, and one of his hands was
reportedly broken when he allegedly tried to remove a bag filled with petrol
and chili fumes that had been pulled over his head. The Supreme Court reportedly held that the State should pay him
30,000 rupees as compensation.
1513 Michael Edward was reportedly held at
Bogambara Prison and to have previously been detained at Kalutara Prison. His health condition is said to be
worsening, particularly his hearing, sight and use of his limbs, allegedly as a
result of torture in custody in 1999.
He was reportedly blindfolded and beaten, hit with a pole and a hammer,
including on his head, had his teeth broken and genitals squeezed. His wife and eldest daughter have allegedly
been victims of threats of a sexual nature.
No investigation has reportedly taken place and no date been set for his
court case.
1514 Nadarajah Thiruchelvan, a journalist
based in Jaffna, was reportedly arrested on 2 January 2001 by the
Terrorist Investigation Division in Colombo, held incommunicado, handcuffed to
a chair and beaten with a pipe.
1515 Vijitha Dissanayake was reportedly
arrested by Mathugamam police on 21 March 2001 and assaulted with a stick until
it broke. His little finger was
reportedly burnt with a cigarette butt and subsequently cut off. Upon his release, some hours later, he was
reportedly taken to the Mathugama hospital and then to the teaching hospital,
Nagoda, Kalutara, where he received medical attention for six days. No legal action was taken against the
officers allegedly responsible.
1516 By the same letter, the Special Rapporteur
reminded the Government of a number of cases sent in 2000 regarding which no
reply had been received.
1517 By letter dated 30 August 2001 sent jointly with
the Special Representative of the Secretary-General on human rights defenders,
the Special Rapporteur advised the Government that he had received information
regarding Krishnasamy Thivviyan, on behalf of whom the Special
Rapporteur had sent two urgent appeals (see below), who was reportedly arrested
on 2 July 2001 and severely assaulted while in detention, resulting
in bleeding from his nose and mouth.
When visited by a university delegation at
Kankesanthurai, he reportedly bore signs of severe
beating. Krishnasamy Thivviyan is said
to be a leading activist involved in protests over the killing of Krishanty
Kumaraswamy, Kumar Ponnambalam and journalist Nimalarajan. His involvement in human rights activities
was believed to be one of the reasons for his arrest.
1518 By letter dated 30 August 2001 sent jointly with
the Special Rapporteur on extrajudicial, summary or arbitrary executions, the
Special Rapporteur advised the Government that he had received information
regarding Uchita Thussara Kumaea who was reportedly arrested by officers
from Ja-ela police station on 24 March 2001 and sent to the remand prison of
Negambo. His relatives reportedly
learned about his death on 26 March 2001.
The remand authorities allegedly informed Ja-ela police about the death
and instructed them to inform the family, which was not done. The magistrate of the area reportedly
ordered the body examined by a judicial medical officer of Ragama
Hospital. The post-mortem report is
said to state that death was due to internal injuries, suggesting that he had
been tortured by police at Ja-ela police station.
1519 By letter dated 30 August 2001 sent jointly
with the Special Rapporteurs on extrajudicial, summary or abitrary executions
and on violence against women, the Special Rapporteur advised the Government
that he had received information on the following individual cases.
1520 Velauthapillai Rajani was reportedly
arrested on 30 September 1996 in Kondavil‑Urumpirai Road by the Sri
Lankan army, dragged into a house and raped.
Her naked dead body was allegedly found later in the army compound.
1521 Ida Hamilitta, on behalf of whom the
Special Rapporteur on violence against women had already intervened, was
reportedly killed by army personnel on 13 July 1999 in her home in Pullimunai
in Mannar district. Kesavan Rajah had
reportedly been forced by army personnel to bring them to Ida Hamilitta’s
home. Once there, Kesavan Rajah was
tied up and hit on the face and soldiers allegedly raped Ida Hamilitta, stabbed
her in the abdomen, shot at her genitals and killed her. When on the following day Kesavan Rajah went
to the Pallimunai police to lodge a complaint, the police reportedly refused to
record his statement and threatened him.
1522 Krishnapillai Thayayothy was reportedly
raped and killed by Home Guards operating with the government force, at
Poomaraththadichenai, Muttur on 2 October 2000. She had reportedly been abducted along with six other farmers,
all of whom are said to have been brutally murdered. Krishnapillai Thayayothy’s body was allegedly mutilated.
1523 By letter dated 17 July 2001 sent jointly with
the Special Rapporteur on violence against women, the Special Rapporteur
advised the Government that he had received information on the following
individual cases.
1524 Wijikala Nanthan, a pregnant woman, and
Simvamani Sinnathamby Weeralon were reportedly arrested by the Mannar
Police Counter-Subversive Unit (CSU) under the Prevention and Terrorism Act,
accused of being members of the Liberation Tigers of Tamil Eelam and raped
repeatedly by CSU and navy officers.
They allegedly eventually confessed to links with LTTE and sentenced to
14 days in judicial custody by the Mannar district judge, during which they
were allegedly raped again.
1525 A widowed mother of two was reportedly
stopped on 23 June 2001 by police at a checkpoint on the Borella Road, in
Maradana. On 24 June, two policemen
attached to this checkpoint reportedly came to her home and took her to the
police station because she was a Tamil.
They reportedly stopped at the bunker near the checkpoint and raped her.
1526 By letter dated 30 August 2001 sent jointly with
the Special Rapporteur on violence against women, the Special Rapporteur
advised the Government that he had received information on the following
individual cases.
1527 Lakshmi Pillai was reportedly
raped by two army informants in August 1995 at her home in Trincomalee, in
front of her two sons, in revenge for having spoken about her previous rape at
Plaintain Point army camp in August 1993.
The informants were reportedly arrested but later released on bail.
1528 Sivasothy Krishnapillai was reportedly
raped by three Special Task Force (STF) personnel on 31 December 1996 in
Mandoor, Batticaloa district. The
inquest into the case was reportedly held at the Batticaloa district court on 30
November 1998.
1529 A 17-year-old Tamil schoolgirl was
reportedly severely beaten and raped by two Sinhala soldiers at a secluded
spot on 17 July 1997, when she was on her way to a school in Araly South. She was allegedly transferred to Jaffna
teaching hospital with severe injuries.
1530 Sri Balakumar Ajanthana, a 17-year-old
from Kandy Road, Ariyalai, in Jaffna town, was reportedly raped by a police
constable on 15 April 1998, resulting in heavy bleeding from the vagina, and
admitted to the Jaffna hospital at Kopay.
1531 Rajeswary Krishnarajah was reportedly
gang-raped by soldiers on 29 September 1999 in her home at Vaalaithottam in
Varani in Thenmaradchi Division, Jaffna Peninsula. Her brother and father were allegedly blindfolded. She was reportedly taken to a nearby coconut
plantation, where she was raped by two soldiers. She managed to escape from a third soldier. On the following day,
doctors at the Chavakachcheri hospital reportedly confirmed that she had been
raped.
1532 A 13-year-old girl is said to have been
gang-raped on 14 December 1999 in her home in Mawanella, east of Colombo, on
the Kandy Road, by a group of five police officers of the Criminal
Investigation Division (CID) and an army deserter. The group reportedly entered the house, threatened the parents at
gunpoint, took the girl to the kitchen and raped her. Only the army deserter has allegedly been arrested in connection
with the alleged assault.
1533 On 3 July 2001, the Special Rapporteur sent an
urgent appeal on behalf of Karupaiya Suntharerasa and Sivarasa
Sasikumar who had reportedly not been seen since 9 June 2001,
when they were said to have been taken for questioning by members of the
People’s Liberation Organization of Tamil Eelam (PLOTE), a group which is said
to be operating alongside the Sri Lankan army. Karupaiya Suntharerasa reportedly went to a PLOTE camp
called “Malai Maligai” at Rambaikulam, seeking information about another person
held at the camp who was said to have been released. He was said not to have been seen since. Sivarasa Sasikumar was reportedly approached
by PLOTE members when waiting in line to be photographed for relocation
documents at the Sithamberapuram Welfare
Centre, a camp for internally displaced persons, where
he was living with his parents. They
were said to have ordered him, in front of several witnesses, to come with them
to the local PLOTE camp.
1534 On 23 July 2001, the Special Rapporteur sent a
joint urgent appeal with the Chairman‑Rapporteur of the Working Group on
Arbitrary Detention on behalf of Thivyan Krisnasamy, the former
Secretary-General of the Jaffna Undergradudates Union, who had reportedly
been arrested on 2 July 2001 in Inuvil by members of the army and taken to the
base complex at Kankesanthurai where he was charged under the Prevention of
Terrorism Act and accused of illegal possession of arms and of being a member
of LTTE. It was believed that his
arrest was connected to the fact that on several occasions he had spoken out in
defence of the human rights of Sri Lankan citizens of Tamil origin. It was alleged that he had been severely
beaten in custody. As a result, around
16 July, a judge was said to have ordered his transfer to the Jaffna Teaching
Hospital.
1535 On 2 August 2001, the Special Rapporteur sent
another joint urgent appeal with the Special Representative on human rights
defenders on behalf of Thivyan Krisnasamy (see previous
paragraph). According to the new
information transmitted to the Government, he is reportedly having difficulty
moving his limbs as a result of the beatings he was allegedly subjected
to. On 25 July, he was reportedly
produced before the Jaffna magistrate and has been remanded until 14 August.
1536 On 18 October 2001, the Special Rapporteur sent
an urgent appeal on behalf of Subramaniam Thawarajingtam who had
reportedly been arrested by CID officers in Pettah, Colombo, on 23 September
2001. He was allegedly arrested in
relation to a telephone call that had been made by one of his customers at his
communication outlet in March 2001. He
was reportedly detained without charge on the fourth floor of the CID
building. His wife and mother were able
to visit him on several occasions and reported that he had been beaten by the
CID Superintendent and hit with an iron on the head, and had his eyes pricked
with a nail in order to force him to sign a document. One of his employees, Mohanatas Kamalathas, was also
detained at the CID building.
1537
Concerning Kandasamy Siriram (see E/CN.4/2000/9, para. 963; E/CN.4/2001/66, para. 991) and Muthuthamby Vanitha (see E/CN.4/2000/9,
para. 942;
E/CN.4/2001/66, para. 973), the
Government provided further information by letter dated 18 June 2001. The Government replied that it had initiated
investigations regarding the allegations received, and wished to receive
further information on the present whereabouts of the alleged victims of
torture. Mr. Kandasamy Siriram had
been arrested by Mirinaha police on 26 August 1999 and released after 21
days. The officials of the Criminal
Investigations Department interviewed his father who is said to have
stated that his son was serving a jail term in Hong Kong. Ms. Muthuthamby Vanitha had been
arrested by Kotahena police on 28 November 1998. She is reported to have left for the United Kingdom on 11
November 1999. CID cannot pursue any
further investigation without obtaining statements from the alleged victims.
Extracted from the report of the Working Group on
Arbitrary Detention
E/CN.4/2002/77 - 19 December 2002
|
Opinion No. |
Country |
Government’s
reply |
Person(s)
concerned |
Opinion |
|||||
|
21/2001 |
Sri Lanka |
Yes |
Chinniah Atputharajah, Krisshnaswamy
Ramachandran, Rasaratnam Punchalingam, Kanapthy Subramaniam, Thraiswamy
Muthuswamy, Thambiah Kandaswamy, Ramiah Subramaniam, Sinnapu Daniud,
Kathirgamu Shanmuganathan, Namasivayam Aathimulam, Arumagam
Kanagaratnam, Ramiyah Gopalaswamy and Khartigesu Sivalingam |
Six cases filed (para. 17
(a) of the Working Group’s methods of work -persons released): Chinniah Atputharajah,
Rasaratnam Punchalingam, Thuraiswamy Muthuswamy,
Ramiah Subramaniam, Sinnapu Daniud and Karthigesu Sivalingam. Three cases of detention
not arbitrary: Kathirgamu
Shanmuganathan, Thambiah Kandaswamy and Ramiyah Gopalaswamy. Four cases of detention
arbitrary, category III:
Krisshnaswamy Ramachandran, Kanapthy Subramaniam, Namasivayam
Aathimulam and Arumagam Kanagaratnam |
|
||||
|
24/2001 |
Sri Lanka |
Yes |
Edward Anton Amaradas,
Gajarnoghan, Thanigasalam Pillai Nandanan, Kadiravelupillai Sivamogan,
Selvanayagam Suganthan, Moothuthamby Uthayakumar, Mrs. Navajothi Sinnarasa,
Sinnathambi Kamalanadan, Krisnapillai Pavalakeshan, Thambinakayam Sribalu,
P. Selvaraja, S. Senthurajah, Sri Arasaretnam Senthinathakurukkal
and Krishnapillai Perinpam |
Four cases filed (para. 17
(a) of the Working Group’s methods of work -persons released): Thanigasalam Pillai Nandanan,
Kadiravelupillai Sivamogan, E.A. Amaradas and Selvanayagam Suganthan. Four cases filed (para.
17 (d) of the Working Group’s methods of work - not enough
information): Gajarnoghan, M.
Uthayakumar, K. Pavalakeshan, T. Sribalu. Five cases, detention
arbitrary, category III: Mrs.
Navajothi Sinnarasa, S. Kamalanadan, Sri Arasaretnam Senthinathakurukkal
and K. Perinpan. |
|
||||
Extracted from the report of
the Working Group on Enforced or Involuntary Disappearances
E/CN.4/2002/79 - 18
January 2002
282 During
the period under review, the Working Group transmitted to the Government of
Sri Lanka 20 new cases of disappearance, 2 of which reportedly occurred in
2001; 1 case was sent under the urgent action procedure.
283 The
12,297 reported cases of disappearance are alleged to have occurred in the
context of two major sources of conflict in that country: the confrontation of Tamil separatist
militants and government forces in the north and north-east of the country, and
the confrontation between the People’s Liberation Front (JVP) and government
forces in the south. Between 1987 and
1990, the disappearances occurred mostly in the Southern and Central Provinces
of the country, during a period in which both security forces and JVP resorted
to the use of extreme violence in the contest for State power. The cases reported to have occurred since 11
June 1990, the date of resumption of hostilities with the Liberation Tigers of
Tamil Eelam (LTTE), have taken place primarily in the Eastern and North-Eastern
Provinces of the country.
284 The newly
reported cases include a group of nine farmers who were allegedly abducted by
the armed forces from a rice field in Polannaruwa, seven persons who were
reportedly abducted or detained from public places in various parts of the
country, and two persons who disappeared from military camps in Vavuniya.
285 The
Working Group undertook three field missions to Sri Lanka, in 1991, 1992
and 1999. Following its visits,
the Working Group recommended to the Government of Sri Lanka that an
independent body be established with the task of investigating all cases of
disappearance which had occurred since 1995 and to speed up its efforts to
bring the perpetrators of enforced disappearances to justice. The Working Group also recommended the
setting up of a central register of detainees as provided for in article 10 (3)
of the Declaration. It also pointed out
that all families of disappeared persons should receive the same amount of
compensation and that the procedure for issuing death certificates in cases of
disappearances should be applied in an equal and non-discriminatory
manner. The Working Group further noted
that the Prevention of Terrorism Act and the Emergency Regulations have not
been abolished or harmonized with internationally accepted standards of human
rights, and recommended that the prohibition of enforced disappearance be
included as a fundamental right in the Constitution of Sri Lanka.
286 The
Government has, according to its records, so far provided information in
respect of 11,673 outstanding cases, of which 4,063 were sent during the
period under review. The majority of
these cases are still under consideration by the Working Group and the sources. In respect of a number of cases, the
Government replied that death certificates had been issued and/or compensation
granted or was in the process of being granted. With regard to the remaining cases, the Government replied as
follows: it was unable to trace the
persons concerned because the addresses that had been provided were incorrect
or unclear, or because the family had left the area; no such person had
disappeared from the address provided; cases were pending in courts of law;
family members had not requested or had declined death certificates or compensation;
the persons were reported to be alive; the disappearance had not been reported
to any government authority.
287 In the
past, the Working Group clarified 572 cases, of which 533 were clarified on the
basis of information provided by the Government and 39 on the basis of
information provided by the source.
During the period under review, the Working Group was able to clarify a
total number of 4,390 cases on the basis of the information previously received
from the Government, on which no objection was received from the source.
288 The
Working Group wishes to express its appreciation to the Government of Sri Lanka
for the amount of information that it is providing and for its efforts to
investigate and clarify the fate of the many thousands of persons who
disappeared in the past. This has led
to the clarification this year of more than 4,000 cases, which is the highest
number of clarifications ever achieved by the Working Group, and was made possible
only by the concerted efforts of the Government, the families and
non-governmental organizations, with the assistance of the Working Group. The Working Group wishes to express its hope
that this process will continue and lead to many more cases being clarified.
289 However,
in view of the fact that new cases continue to be reported, it is necessary to
stress the urgency of taking, in accordance with article 3 of the Declaration,
effective legislative, administrative, judicial or other measures to prevent
and terminate acts of enforced disappearance.
290 The Group
wishes to remind the Government of its obligations under article 10 of the
Declaration to hold persons deprived of liberty only in officially recognized
places of detention, to bring them promptly before a judicial authority and to
make available promptly accurate information on the detention of such persons
to their family members, their legal counsel, or to any other persons having a
particular interest.
Countries : Sri Lanka
Cases which allegedly occurred in
2001 : 2
Cases transmitted to the
Government during 2001
Urgent
actions : 1
Normal
actions : 19
Clarifications
by:
Government : 4 390
Non-governmental
sources : --
Discontinued
cases : --
Annex III
Statistical summary:
Cases of enforced or involuntary disappearance reported to the Working Group between 1980 and 2001
Countries/entities : Sri Lanka
Cases transmitted to the Government
Total
No. of
cases : 12 297
Female : 148
Outstanding
No. of
cases : 7 335
Female : 135
Clarifications
by
Government : 4 923
Non
governmental sources : 39
Status of
person at date of clarification
At Liberty : 97
In
detention : 24
Dead : 4 841
Discontinued
cases
E/CN.4/2002/83/Add.1
- 28
January 2002
117 On 8 October 2001, the Special Rapporteur
sent a joint urgent appeal with the Special Rapporteur on the sale of children,
child prostitution and child pornography on behalf of Palanithami Sasikala
(aged 17). According to information
received, Palanithami Sasikala was kidnapped on 28 September 1998 from her home
in Pethalai Valaichenai by her uncle.
He allegedly took her to his house and then handed her over to an army
officer attached to the Kayankeney army camp, Valaichenai, Batticaloa. The officer then took her to his mother’s
house in Dambulla. Since then, she has
reportedly been forced to work as an unpaid domestic aide and has not been
allowed to attend school. Once the
family of Palanithami Sasikala determined her whereabouts, they reportedly
asked the officer to release her.
However he did not and reportedly threatened them. Fearing reprisals, the family did not file a
complaint with the authorities. At a
later date, the officer was transferred to another post and, on 2 July 2001,
the family filed a complaint with the Kalumunai police, who asked the officer
to report to the station, which he did.
However it is reported that Palanithami Sasikala was not released and,
although the family has filed another complaint, no action has yet been taken
by the authorities.
118 By letter dated 20 December 2001, the
Government of Sri Lanka informed the Special Rapporteur about the case of Palanithambi
Sasikaran. The
Government reported that an investigation had been initiated after a complaint
was made to the Human Rights Commission of Sri Lanka by Home for Human Rights
on behalf of Ms. Palanithambi Sasikaran.
According to the investigations, Ms. Palanithambi Sasikaran was handed
over to Mr. Opatha of the Sri Lanka army by her grandfather when she was 12
years old and Rs. 1,000 per month was given to the grandfather for about one
and a half years. According to the Government, there was consensus that the child was not being kept by Mr.
Opatha or his mother forcibly. Furthermore,
the inquiry did not show any evidence that the child was being kept forcibly
and/or that Mr. Opatha took the child using his authority as an officer of the
army. The Government further stated
that the only issue, if any, to be examined would be the question of custody of
the child.
119 By letter dated 30 August 2001 sent
together with the Special Rapporteurs on extrajudicial, summary or arbitrary
executions and on torture, the Special Rapporteur advised the Government that
she had received information on the following individual cases.
120 Velauthapillai Rajani, a 22-year-old
woman from Urumpirai North, was reportedly arrested on 30 September 1996 in
Kondavil-Urumpirai Road by the Sri Lankan army, dragged into a house and
raped. Her naked dead body was
allegedly found later in the compound.
121 Ida Hamilitta, on behalf of whom the
Special Rapporteur on violence against women had already intervened, was reportedly
killed by army personnel on 13 July 1999, in her home in Pullimunai in Mannar
district. Kesavan Rajah had reportedly
been forced by army personnel to bring them to Ida Hamilitta’s place and had
been tied up and hit on the face upon arrival.
Soldiers allegedly raped Ida Hamilitta, stabbed her in the abdomen, shot
at her genitals and killed her. When,
on the following day, Kesavan Rajah went to the Pallimunai police to lodge a
complaint, the police reportedly refused to record his statement and threatened
him.
122 Krishnapillai Thayayothy was
reportedly raped and killed by Home Guards operating with the government
forces, at Poomaraththadichenai, Muttur on 2 October 2000. She had reportedly been abducted along with
six other farmers, all of whom are said to have been brutally murdered. Krishnapillai Thayayothy’s body was
allegedly mutilated.
123 By letter dated 7 December 2001, the
Government stated that initial investigations into the case of Ida
Carmaleeta (Ida Hamilitta) revealed that a group of army personnel
had entered the house of the deceased on the night of 12 July 1999 and had
raped and killed her. On 20 July
1999, the Criminal Investigation Division (CID) arrested a corporal and a
soldier of the Sri Lanka army in relation with the rape and murder. Upon their arrest, they were produced before
the relevant magistrate and remanded.
Investigations revealed the complicity of three other army personnel in
the commissioning of the crime.
However, prior to being arrested, on 13 December 1999,
they surrendered to the Magistrates Court and were also remanded. Another suspect surrendered to the court on
31 January 2000. On 20 July 1999, an
identification parade was held in the Magistrates Court of Mannar. The first two suspects were identified. Criminal proceedings were instituted against
the suspects for having committed the rape and murder. On 8 August 2000, a non-summary inquiry
commenced in the Magistrates Court of Mannar.
Subsequently, owing to the unsatisfactory nature of the security
situation that prevailed in Mannar, the Attorney-General transferred the
case to Colombo. The Chief Magistrates
Court of Colombo assumed jurisdiction and the non-summary case recommenced
in that Court.
On 3 July 2001, upon review of the available evidence and
upon being satisfied that there existed no evidence to proceed against the
three suspects, the magistrate discharged the said suspects from further
proceedings. The Government reported
that the two main suspects remain accused, and the non-summary inquiry against
them is continuing.
124 By letter dated 30 August 2001 sent jointly
with the Special Rapporteur on torture, the Special Rapporteur advised the
Government that she had received information on the following individual cases.
125 Lakshmi Pillai was reportedly raped
by two army informants in August 1995, at her home, in Trincomalee, in front of
her two sons, in revenge for having spoken about her previous rape at Plaintain
Point army post in August 1993. The
informants were reportedly arrested but later released on bail.
126 Sivasothy Krishnapillai, aged 31,
was reportedly raped by three Special Task Force (STF) personnel on 31 December
1996, in Mandoor, Batticaloa district.
The inquiry into the case was reportedly held at the Batticaloa district
court on 30 November 1998.
127 A 17-year-old Tamil schoolgirl was reportedly severely beaten and raped by two
Sinhala soldiers at a secluded spot on 17 July 1997, when she was on her way to
a school in Araly South. She was
allegedly admitted to Jaffna teaching hospital with severe injuries.
128 Sri Balakumar Ajanthana, a 17-year-old from Kandy Road, Ariyalai, in Jaffna
town, was reportedly raped by a police constable on 15 April 1998, resulting in
heavy bleeding from the vagina, and admitted to the Jaffna hospital at Kopay.
129 Rajeswary Krishnarajah, a 35-year-old widow was reportedly gang raped by
soldiers on 29 September 1999 in her home, at Vaalaithottam in Varani in the
Thenmaradchi Division of the Jaffna Peninsula.
Her brother and father were allegedly blindfolded. She was reportedly taken to a nearby coconut
plantation, where she was raped by two soldiers. She managed to escape from a third soldier. On the following day, doctors at the
Chavakachcheri hospital reportedly confirmed that she had been raped.
130 A 13-year-old girl is said to have been gang raped on 14 December 1999
at her home in Mawanella, east of Colombo on the Kandy Road, by a group of five
police officers of the CID and an army deserter. The group reportedly entered the house, threatened the parents at
gunpoint, took the girl to the kitchen and raped her. Only the army deserter has allegedly been arrested in connection
with the alleged assault.
131 By letter dated 18 December 2001 the
Government replied regarding the cases of the 17‑year-old
girl (Yoganadhan Dishalani) and Rajeshwari
Krishnarajah. In regard to
the first case, the Government reported that inquiries had been made into
the alleged incident, reported to have occurred on 11 July 1997 in Aralay South
in the Jaffna Peninsula, a soldier had been arrested and a case filed against
him. The case was transferred on 13
November 1997 from the Jaffna Magistrates Court to the Mallakkam Magistrates
Court. The next hearing was scheduled
to be held on 21 December 2001. The
alleged perpetrator has reportedly been demobilized from service pending
completion of the court proceedings.
132 In regard to the case of Rajeshwari Krishnarajah, the Government
reported that on 29 September 1999, at around 11.30 p.m., three
persons in army type uniforms entered her house and raped her. The police submitted a report to the
Magistrates Court on 6 October 1999, however further action is pending as the
rapist has not been identified.
133 By letter dated 17 July 2001, sent jointly
with the Special Rapporteur on torture, the Special Rapporteur advised the
Government that she had received information on the following individual cases.
134 Wijikala Nanthan, a pregnant woman, and Simvamani Sinnathamby Weeralon were reportedly arrested by the
Mannar Police Counter Subversive Unit (CSU) under the Prevention and Terrorism
Act, at 11 p.m. on 13 March 2001. The
CSU reportedly accused them of being members of the Liberation Tigers of Tamil
Eelam (LTTE). The two women were
allegedly raped repeatedly by CSU and Navy officers until they agreed to
confess to possessing links with the LTTE and to sign confessions, while still
detained, on 17 March 2001. They were
sentenced to 14 days in judicial custody by Mannar district judge, during which
time they were allegedly repeatedly raped again.
135 A widowed mother of two was reportedly stopped on 23 June 2001 by police at a
checkpoint on the Borella Road, in Maradana.
On 24 June, two policemen and a member of the military attached to the
checkpoint reportedly went to her home and said that she must go with them to
the Maradana police station. While en
route to the police station, they reportedly stopped at a bunker near the
Maradana Borella checkpoint and raped her.
136 By letters dated 9 April and 21 December
2001, the Government responded in regard to the cases of Sivamany Archunan and Wijikala
Atunam. It stated that a special
team of CID officers from Colombo had taken over the case and commenced further
criminal investigations. By letter
dated 21 December 2001, the Government reported that at the request of the CID
a series of identification parades had been held. Fourteen naval and police personnel had been arrested by the CID,
remanded and thereafter produced at identification parades. It stated that criminal investigations had
recently been concluded, and the investigative material forwarded to the
Attorney-General, enabling consideration of the institution of criminal
proceedings.
137 By letter dated 7 December 2001, the Government
responded in regard to the case of Velu
Harsha Devi. The
Government reported that following the lodging of the complaint, on
24 July 2001, alleging that two police officers and two army soldiers
had raped Ms. Velu Harsha Devi at the Technicak College checkpoint in Maradana,
located in the district of Colombo, investigations had commenced and within 48
hours four suspects had been arrested and remanded. At the identification parade on 6 July 2001 the complainant
identified two of the suspects, including a reserve police constable. The reserve police constable had since been
demobilized. Investigations had been
concluded and the investigative material forwarded to the Attorney-General,
enabling consideration of criminal proceedings. The Attorney-General was due to advise the Police to institute
non-summary proceedings.
138 By letter dated 30 January 2001, the
Government responded to the communication sent on 14 March 2000
(E/CN.4/2001/73/Add.1, para.53 (c)) concerning the case of Pushpa Malar. The Government stated that investigations in
connection with the case had been conducted by the Senior Superintendent of
Jaffna with the assistance of the police stations in Jaffna, Chavakachcheri,
Kodikamam and Pallai. However, the
criminal investigations had not yielded positive results.
139 The Special Rapporteur welcomes the
establishment, by the Commander of the Sri Lanka Army, of a directorate to deal
with human rights issues. This directorate
has been mandated to implement the directives of the Commander of the Sri Lanka
Army relating to human rights and to oversee the implementation of human rights
norms and standards, in line with domestic constitutional and other legal
provisions and those relating to international human rights law. The new Directorate is administratively
linked to the Directorate of Humanitarian Law, established in 1997, and has
been designated as the Directorate of Human Rights and Humanitarian Law. However, despite this, the Special
Rapporteur remains very concerned about the situation. Sexual violence continues, as can be seen
from the number of cases reported this year.
The Special Rapporteur would encourage the authorities to take all
necessary measures to prevent further cases from occurring.
child prostitution and child pornography
E/CN.4/2002/88 4 February 2002
(Following the resignation in April 2001 of Ms. Ofelia Calcetas-Santos
(the Philippines), Mr. Juan Miguel Petit (Uruguay) was appointed Special
Rapporteur on the sale of children, child prostitution and child pornography in
July 2001)
29 On 8 October 2001, the Special Rapporteur transmitted an
urgent appeal with the Special Rapporteur on violence against women,
including its causes and consequences, concerning an allegation of slavery
involving Ms. Palanithami Sasikala.
According to the information received, Ms. Palanithami Sasikala was
kidnapped on 28 September 1998 from her home on Vishu Kovil Road, Pethalai
Valaichenai, by her uncle, Mr. Mudaliar Velupillai. He allegedly took her to his house and then handed her over to
Mr. HHABS Opatha, an army officer attached to the Kayankeney Army Camp,
Valaichenai, Batticaloa. Mr. Opatha
then reportedly took Ms. Palanithami Sasikala to his mother’s house in
Dambulla. Since then, she has
reportedly been forced to work as an unpaid domestic aid, and has not been
allowed to attend school. It has been
further reported that on 2 July 2001, her family filed a complaint with the
Kalumunai police, who asked Mr. Opatha to report to the station, which he
did. However, it is reported that Ms.
Palanithami Sasikala was not released.
The two Special Rapporteurs were also informed that although the family
had filed another complaint, no action had yet been taken by the authorities.
30 By letter dated 20
December 2001, the Government of Sri Lanka informed the Special Rapporteur
about the case of Ms. Palanithambi Sasikaran.
The Government reported that an investigation had been initiated after a
complaint was made to the Human Rights Commission of Sri Lanka by an NGO, Home
for Human Rights, on behalf of Ms. Palanithambi Sasikaran. According to the investigations, Ms.
Palanithambi Sasikaran was handed over to Mr. Opatha of the Sri Lankan army by
her grandfather when she was 12 years old and SL Rs 1,000/- per month was
given to the grandfather for about one and a half years. According to the Government, there was consensus that the child was
not being kept by Mr. Opatha or his mother forcibly. Furthermore, the inquiry did not show any evidence that Mr.
Opatha took the child using his authority as an officer of the army. The Government further stated that the only
issue, if any, to be examined would be the question of custody of the child.
Secretary-General on human
rights defenders
E/CN.4/2002/76/Add.1- 14
March 2002
323 The Special Representative, together with the Special Rapporteur
on torture, sent an urgent appeal on 2 August 2001 and an allegation on 30
August 2001 concerning the arrest of Thivyan Krisnasamy, a student of the
Science Faculty at the University of Jaffna and former secretary of the Jaffna
University Students Union. The army
reportedly arrested him on 2 July 2001, in Inuvil. According to the information received, Mr.
Krisnasamy has also been heavily involved in the “Tamil Upsurge” movement, a
non-violent movement that is protesting against the State armed forces,
demanding self-determination for the Tamils and calling for an end to the
current conflict. Since 1996, Mr. Krisnasamy has also
reportedly been active in protesting against large-scale disappearances in
Jaffna and violations committed by the Sri Lankan armed forces, such as
sexual violations of Tamil women. It
is believed that his arrest was connected with these activities. According to the information received, he
was accused of being a member of the Liberation Tigers of Tamil Eelam (LTTE)
and of conducting “subversive activity”.
It is believed that Mr. Krisnasamy has been tortured during his
detention, in order to get him to make a false confession that he is involved
with the LTTE, which can then be used against him as evidence in a trial.
324 On 6 December 2001, the Government informed
the Special Representative that on 2 July 2001, following the receipt
of information that a group of LTTE cadres, posing as civilians, were moving
around in the area of Uralu in the Jaffna Peninsula, a team of army personnel
had been deployed to conduct search operations. Mr. Krisnasamy was arrested while
trying to escape after the team had ordered him to stop and was then detained
under the provisions of the Prevention of Terrorism Act. The Government stated that he was in
possession of an automatic weapon and that consequent to detailed interrogation
some detonators and ammunition were found in a little safe house in
Urumbirai. The Government added that
the investigations revealed that the suspect had been in charge of LTTE
activity within the Jaffna University.
The Government also stated that upon consideration of the investigation
material, the Attorney-General had indicted the suspect in the High Court of Jaffna
and filed three cases against him under the Prevention of Terrorism (Temporary
Provisions) Act of 1979.
325 On 13 December 2001, the Government of Sri
Lanka sent a communication to the Special Representative to inform her of the
creation of the Directorate of Human Rights and Humanitarian Law in the Sri
Lanka Army. This Directorate will be
mandated to implement the directives of the Commander of the Sri Lanka Army
relating to human rights and to oversee the implementation of human rights
norms and standards, in line with domestic constitutional and other legal
provisions and those relating to international human rights law.
326 The Special Representative thanks the
Government for its reply.
ELIMINATION OF ALL FORMS OF RELIGIOUS INTOLERANCE
67 On
18 February 2001, in Hingurangoda district, Buddhist extremists are said to
have violently attacked the Sanasum Sevana church in the village of
Nuwarawattee. It is reported that a pastor and two other church officials were
seriously injured and that a religious officials was also dragged into a Buddhist
temple and savagely beaten. The extremists allegedly threatened to rape his
wife and attack his family if he continued to visit the church. The police
apparently refused to recorde the complaints of the victims and would not
ensure adequate protection of the Christian community.
* * *
The
following schools, places of worship and public buildings in the North East
occupied by Sri Lankan security forces
(Still most of them are being occupied)
Places of Worship
Batticaloa-Amparai District
1.Kaluwanchikuddi Manikkappillaiyar temple
2. Kommaathurai
Shrithevi temple
3. Kurumanveli Siththi Vinayagar temple
4. Aaraiampathy Muththumari Amman temple
5. Senaikkudiyiruppu Kiddangi Vinayagar temple
6. Annamalai Veerapaththirakali temple
Mannar District
1. Konar
Pannai mosque Puthukudiyiruppu
2. Thirukkethiswaram temple
3. Erukkalampiddy mosque
4. Parappaankandal Holy Family Convent shrine
Jaffna
District
Nallur Divisional secretariat
1. Shri SiththiVinayagar temple, Ariyalai south
Kopay
Divisional secretariat
2. Valalaai SiththiVinayagar temple
3. Valalaai Mannthiddy Vinayagar temple
4. Valalaai Neerthiddy Murugan temple
5. Valalaai Emilion church
Karaveddi Divisional secretariat
6. Alvai Mali Santhy Shri Varatharajar Vinayagar temple
Point Pedro
Divisional secretariat
7. Matha church, Valveddiththurai beach
8. Vairavar
temple, Veradi Valveddiththurai
9. Sadaiyaandi Vairavar temple, Valvai southwest
10. Aaladippillaiar temple (inside the camp)
11. Court road Shri Sandiga Parameshwari Amman temple (inside the army camp)
12. Koddadippillaiar Kovil
(inside the army camp)
13. Thenippillaiar Kovil (inside the army camp)
14. Mallappai Vairavar Kovil, Puloly (inside the army camp)
15. Methodist church (insdie the army camp)
16. Varaaththuppalai Periya Thampiran temple (inside the army camp)
17. Matha church (inside the army camp)
Vali-North (Thellippalai) Divisional secretariat
(of worship located in ares where people are not allowed to resettle by
the Sri Lanka Army)
18. Keerimalai Nagulesvaram temple
19. Maaviddapuram Kanthaswami temple
20. Naguleswaram Theerththakaraippillaiar temple
21. Naguleswara Narayana temple
22. Naguleswara Muththumaari Amman temple
23. Kollankaladdi Veerakaththi Vinayagar temple
24. Ooriyawaththai Shri Kaali Amman temple
25. Maruthadi Vinayagar temple, Varuththalai-vilaan
26. Shri Muththumaari Amman temple, Myliddy South
27. Pillaiyar temple, Mannampirai, Vasavilan West
28. Karukampanai Kavanaavathai Vairavar temple
29. Thaiyiddi Thoosukudai Amman temple
30. Koluvian Kaladdi Pillaiar temple Myiliddi North
31. Mayilukkaddai Pillaiyar temple
32. Shri Murugan temple, Myiliddi beach
33. Kannaki Amman temple, Veemankaamam
34. Thaiyiddi Vairavar temple, Veemankaamam
35. Sellappillaiyar temple, K.K.S
36. Amman temple, Kurumpasidi
37. Muththumaari Amman temple, Naatholai Ilavalai
Sanganai Divisional secretariat area
38. Ponnalai
Shri Varatharajapperumal temple
39. Ponnalai Pillaiyar temple
40. Ponnalai West Periyavar temple
41. Mathagal west Aiyanar temple (under the full control of the Sri Lanka Army)
Sandilipay Divisional secretariat area
42. Kallundaai
Vairavar temple
Velanai Divisional secretariat area
43. Vairavar temple, Mandaitivu West
44. Madaththuveli Veerakathi Vinayagar temple
Maruthankerni Divisional secretariat area
(Places of worship located in areas where people are not allowed to resettle by
the SLA)
45. Narasinga
Vairavar temple
46. Sannathi Murugan temple
47. Periythampiran temple
48. Poosai Amman temple
49. Sinna Murugan temple
50. Pallikkooda Vairavar temple
51. Poosai Ambal temple
52. Amman temple
53. Poosai Pethi temple
54. Maanikkappillaiyar Temple
55. Kavuththanthurai Pillaiyar
56. Paththirakali temple
57. Aiyan temple
58. Vairavar temple
59. Poosai Amman temple
60. Saavethiyar temple
61. Kottodai Pillaiyar temple
62. Kottodai Annamaar temple
63. Poothavarayar temple
64. Veerapaththirar temple
65. Poorvika Nagathampiran temple
66. Kannagai Amman temple
67. Periyathampiran temple
Uduvil Divisional secretariat area
68. Rajarajeswari Amman temple
69. Valavu Naachchimaar temple, Palaly road
70. Maraamanai Vairavar temple
71. Samagi temple
72. Veerapaththirar temple
73. Muththar
Valavu Pillaiyar temple
74. Erumpukkadavai Amman temple
Kayts Divisional secretariat area
75. Thuraimugam Pillaiyar temple
76. Thuraimugam Vairavar temple
77. Thoppukaadu Murugan temple
78. Oosi Murugan temple
79. Oosi Annamaar temple
Thenmaradchi Divisional secretariat area
80. Krishnan temple, Kokilaakkandy, Chavakachcheri
81. Pillaiyar temple, Kokilaakkandy, Chavakachcheri
82. Murugan temple, Kokilaakkandy, Chavakachcheri
83. Sivan temple, Kokilaakkandy, Chavakachcheri
84. Vairavar temple, Kokilaakkandy, Chavakachcheri
85. Aiyanar temple, Kokilaakkandy, Chavakachcheri
86. Kanthaswami temple, Kokilaakkandy, Chavakachcheri
87. Naachchimaar temple, Kokilaakkandy, Chavakachcheri
88. Vinayagar temple, Kokilaakkandy, Chavakachcheri
89. Kalliththidal temple, Kaithady, Navatkuli south
90. Kalliththidal Murugan temple, Kaithady, Navatkuli south
91. Palaiya Perum Amman temple, Kaithady, Navatkuli south
92. Puthiya Perumpadi Amman temple, Kaithady, Navatkuli south
93. Annamaar temple, Kaithady, Navatkuli south
94. Vairavar temple, Kaithady, Navatkuli south
95. Vallikulam
Pillaiyar temple, Maravanpulavu centre
96. Palaiya Muththumaari Amman temple, Maravanpulavu centre
97. Puthiya Muththumaari Amman temple, Maravanpulavu centre
98. Pilaakkaaddu Vairavar temple, Maravan-pulavu west
99. Saavayarkarai Pillaiyar temple, Maravanpula-vu west
100. Thoppu Pillaiyar temple, Maravanpulavu north
101. Kaaraithoor Pillaiyar temple, Maravanpul-avu north
102. Karaiyanpiddi Murugan temple, Maravanpu-lavu
103. Manatkaadu Kanthaswami temple, Thanagn-kilappu south
104. Sundikkulam Pillaiyar temple, Thnagnk-ilappu
105. Kaaraithoor Pillaiyar temple, Thnagnkilappu
106. Perumpadi Amman temple, Thnagnkilappu
107. Aruhuveli
Muniyan temple, Thnagnkilappu
108. Vairavar temple , Thnagnkilappu
109. Aavaranchaaddi Murugamoorthy temple, Chavakachcheri
110. Manatpiddi Sadawaththai
Pillaiyar temple, Chavakachcheri east
111. Uluththappulam Vinayagar temple, Kachc-haai road, Periyamavadi,
Chavakachcheri
112. Veeramakali Amman temple, Sarasalai south
113. Kaladdi Pillaiyar temple, Vempirai, Meesalai north
114. Karampagam
Pillaiyar temple, Eluthuma-dduval
115. Siraavil Pillaiyar temple, Ottuveli, Mirisuvil
116. Vairavar temple, Karampakam, Mirisuvil
117. Periyakeni Pillayar temple, Eluthumadduval south
118. Sivan temple, Eluthumadduval south
119. Vilupanai Amman temple, Eluthumadduval south
120. Mahiladi Vinayagar
temple, Eluthumadduval south
121. Maruthankulam
Pillayar temple , Eluthuma-dduval north
122. Thurkkai Amman temple, Padithtamakalir Thiddam , Eluthumadduval
123. Kaliyanakkulam Pillayar temple, Eluthuma-dduval north
124. Ottuveli Murukayan temple, Mirisuvil
125. Thikkathil Kanthaswami temple, Karampai-kkurichi, Varani
126. Aaladi Kanthaswami temple, Iyatralai Varani
127. Aalamadaththu Pillaiyar temple, Iyatralai Varani
128. Thurumpuvil Pillaiyar temple, Iyatralai Varani
129. Kaaddu Kanthaswami temple, Iyatralai Varani
130. Thaavalai Pillaiyar temple, Thaavalai, Iyatralai
131. Nagathampiran temple, Thaavalai, Iyatralai
132. Thalaiyadi Pillaiyar temple, Manthuvil east, Kodikamam
133. Theruvoraththup Pillaiyar temple, Manthuvil east, Kodikamam
134. Kolam Amman temple, Manthuvil west, Kodikamam
135. Ariyamkaaddu Pillaiyar temple, Manthuvil west
136. Kumbaveli Pillaiyar temple, Manthuvil west
137. Valaththi Vairavar temple, Manthuvil west
138. Puliyanththidal Kanthaswami temple, Mant-huvil north
139. Muththumaariyaman temple, Manthuvil north
Schools and Public buildings
Batticaloa-Amparai District
1. Kommathurai Sithivinayagar school
(This school is functioning inside the army camp)
2. Pillayaradi G.T.M.School
3. Murakkoddanchenai Ramakrishna Vidyaliyam
4. Kaluvaanchikkudi Vinayagar Vidyalaiyam
5. Paddiruppu Maha Vidyaliyam
6. Thaandiyadi
(Amparai)
7. Kaanchirankkuda (Amparai)
8. Kanakipuram (Amparai)
Trincomalee
District
Schools that are completely shutdown by the Sri
Lanka Army
1. Thiriyai Maha Vidyalaiyam
2. Kalampathi G.T.M. School, Thiriyai
3. Thenamaravadi G.T.M. School
4. Ilathaikkulam G.T.M.School, Pudavaikkaddu
5. Nochchikkulam G.T.M.School, Pankulam
6. Muthalikkulam G.T.M.School, Pankulam
7. Panmathavaachchi G.T.M.School, Pankulam
8. Avainagar Tamil Vidyalaiyam, Pankulam
9. Pankulam G.T.M.School, Pankulam
10. Nalakudiyaru G.M.M.School, Pankulam
11. Muthunagar G.M.M.School, Thampalaka-mam
Schools that
are being used by the Sri Lanka Army
12. Salli Ambal Vidyalaiyam, Sampaltivu
13. Al-Burhan Vidyalaiyam, Chinabay
14. Nilaveli Maha Vidyalaiyam
15. Kuchchaveli Vivekanantha Vidyalaiyam
16. Anth/Nuria Vidyalaiyam, Kuchchaveli
17. Pudavaikkaddu G.T.M.School
18. Al-Hamra Muslim Vidyalaiyam, Irakkandy
19. Barathi Government School, Alas Thoddam
20. Rottaweva Muslim
Vidyalaiyam, Pankulam
21. Iranaikkeni G.T.M.School, Kuchchaveli
22. Kanniya G.T.M.School
Vavuniya District
1. Mahakachchaikkodi G.T.M.School
2. Omanthai School
3. Vavuniya Gamini Vidyalaiyam
4. Saalampikpaikkulam Al-Akza Vidyalaiyam
Mannar District
1. Mannar Sinhala Maha Vidyalaiyam
2. Mannar Erukkalampiddy Muslim Maha Vidya-laiyam
3. Thalaimannar Bear R.C.School
4. Kaddaiyadampan school
Jaffna District
Islands
1. J/Sir Waithiyalingam Duraisamy M.M.V
2. J/Velanai South Iyanar Vidyalaiyam
3. J/Punitha Anthoniyar College Kaytes
4. J/Manaitivu M.V
Jaffna
5. J/Columpuththurai St.Josep's Vidyalaiyam
6. J/Columpuththurai Hindu M.V
7. J/Pasaiyoor St.Antony's Vidyalaiyam
8. J/Irupalai C.C.T.M.S
Valigamam
9. J/Mathagal Nunasai Vidyalaiyam
10. J/Navali south AMTMS
11. J/Union College, Thellippalai
12. J/Vasavilan M.M.V
13. J/Nadeswara College
14. J/Veemankaamam M.V
15. J/Kurumpasiddi Pon. Paramanathan school
16. Kankesanthurai M.V
17. J/Keerimalai Naguleswara school
18. J/Myliddi North Kalaimagal school
19. J/Myliddi R.C.T.M.S
20. J/Nadeswara Kanishda Vidyalaiyam
21. J/Vasavilan Shri Veluppillai school
22. J/Varuththalaivilan A.M.T.M.S
23. J/Thanthai Srlva Thodakkap padasalai
24. Thiruvadinilai H.S.T.M.S
Vadamaradchi
25. J/Hartly College
26. J/Valveddy Roman Catholic school
Thenmaradchi
27. J/Karambai A.M.T.M.S
28. J/Eluthumadduval Shri Ganesha Vidyalaiyam
29. J/Ushan Ramanathan M.V
30. J/Sarasalai Saraswathi Vidyalaiyam
31. J/Nunavil west G.T.M.S
32. J/Mirisuvil R.C.T.M.S
33. J/Madduvil north Chandrmowleesa Vidyalaiyam
34. J/Meesalai
Veerasingam M.V
35. J/Kodikaamam Thirunavukarasu M.V
36. J/Varani
M.V
Batticaloa-Ampara District
Public buildings under Sri Lanka Army occupation
1. Batticaloa Municipal council building
2. Labour Stadium
3. Railway station
4. Kaluvaanchikkudi Agricultural service building
5. Thirukkovil, Akkaraippaththu STF camps are functioning in the hospitals.
6. Komaari, Paanamai, Periyaneelaavanai SLA camps are located in the
Agricultural services buildings
7. Karaitivu Divisional Secretariat building
8. Vibulaanantha Central Library
Civilian houses that are under Sri Lanka Army occupation
1. Malwatha
Annamalai Central camp
2. 4th Colony camp
3. Mandoor Thampalawatha camp
Main roads where Sri Lanka Army blockades continue
1. Mayilampaaveli on the Batticoloa-Colombo High way
2. Kommathurai
3. Murakkoddaanchenai
4. Vaalaichchenai police station
5. Naavaladi
6. Miyaankulam
7. Vaakaneri junction
8. Punanai
9. Lake road 2
10. Lady Menning Drive
11. 3rd cross street
12. Moor road
13. Collet lane
14. Jeyanthypuram
15. Maamankam Kurukal Madam
16. Temple road
17. Chengkalladi-Bathullah road
18. Kaluvaanchchikkudi junction
Vavuniya District
Main roads
where Sri Lanka Army blockades continue
1. Velikkulam - Koravappoththaanai road
2. Maamaduva junction
3. Aathikadaichchanthi
4. Velikkulam Temple road
5. Nelukkulam Labour Department premises
Public buildings under Sri Lanka Army occupation
1. Eeratperiyakulam library
2. Madukkanthai village council building
3. Periya Ulukkulam Model village school building
4. Mahakachchaikkodi community centre
5. Ellapparkulam agricultural services building
6. Madukkanthai community centre
7. Vavuniya south MPCS at Periya Ulukkulam Model village
8. Mahakachchaikkodi village council building
9. Maamaduva Rural Development association
10. Moondumurippu public crematorium
Mannar District
Public
buildings under Sri Lanka Army occupation
1. Maanthai west MPCS Head office building
2. Maanthai west MPCS Store building
3. Tirukkethiswaram Rural Bank
4. Tirukkethiswaram rice mill
5. MPCS branch, Tirukkethiswaram
6. Maanthai south MPCS Head office building
7.Maanthai south MPCS Store building
8. Rural bank at 9th milestone
9. Branch No.1, Uyilankulam
10. Refuelling depot at 8th milepost, Uyilankulam
11. Naanaddan MPCS, Murungkan
12. Rural bank, Murungkan
13. Branch No.01, Murungkan
14. Sooriyakaddaikkaadu branch
15. Mannar district co-operative board building
16. Harbour workers Co-op, Thalaimannar
17. Public library, Naanaddan
18. Irrigation department office and quarters, Chemmantivu
19. Murungan post office
20. Murungkan agricultural research centre
21. Iranaiilluppankulam
Expansion centre
22. Thalaimannar Post office and quarters
23. Kachcheri workers canteen, Mannar
24. Vehicle Parking lot, Mannar Kachcheri
25. Accountant quarters, Mannar Kachcheri
26. Food control commissioner's quarters, Mannar
27. Uyilankulam Divisional secretariat branch office, Uyilankulam
28. Uyilankulam agricultural expansion centre
29. Agricultural office and store building, Uyila-nkulam
30. Irrigation department quarters, 11th milestone
31. Harbour co-operation, Pallimunai
32. National co-operative association
33. Fish market, Pallimunai
34. Electricity board, Sunny village
35. A part of Pesalai cemetery
Jaffna
District
Public
buildings under Sri Lanka Army occupation
DS division Total Number of buildings
1. Jaffna 01
2. Nallur 01
3. Kopay 23
4. Pointpedro 10
5. Sanganai 07
6. Velanai 07
7. Thenmarachchi 02
8. Maruthangkeni 05
9. Uduvil 03
10. Oorkavatturai 01
* * *
Assassination of Kumar Ponnambalam
Criminal conspiracy
A probe shows that President Kumaratunge deliberately suppressed a
murder report
(Frederica
Jansz in Colombo)
An
investigation by the Criminal Investigations Department (CID) into the
assassination of Kumar Ponnambalam, former leader for the All Ceylon Tamil
Congress (ACTC) has found that President Chandrika Kumaratunge deliberately
suppressed an official police report which has stated, that Mahen Ratwatte, son
of former deputy defence minister, Anuruddha Ratwatte was involved in master-minding
the murder.
The statements of former Director for the Criminal Detective Bureau, SSP
Bandula Wickremasinghe and his Officer in Charge, Nuwan Wedasinghe were
recorded by the CID last week in connection with this killing. In his statement
to the sleuths, Wickremasinghe has reiterated that he handed over a detailed
report on Ponnambalam's killing to Kumaratunge at her request citing the
involvement of Mahen Ratwatte, but that the President did nothing about the
facts it held.
OIC Nuwan Wedasinghe has also said in his statement to the police that a taped
telephone conversation he had with one of the suspects, police constable Sugath
Ranasinghe revealed that Mahen Ratwatte had indeed planned the killing.
Ranasinghe admits to having lured Ponnambalam out of his home after which he
was shot dead at point blank range.
Wedasinghe too has told police that he is aware of the official report compiled
by Senior Superintendent of Police (SSP) Bandula Wickremasinghe and handed over
to Kumaratunge. This report clearly states that a subsequent police
investigation into the murder of Ponnambalam seriously implicates Mahen
Ratwatte as an accomplice. The tape recording which is a production of the CID
also implicates Presidential Secretary K Balapatabendi's son in the murder
plot. (Excerpts “Deccan Herald”, 14
March 14, 2002)
Mahen Ratwatte to be quizzed on
K. Ponnambalam’s killing
The
Criminal Investigations Department is to question Mahen Ratwatte, a son of
former Deputy Minister, Anuruddha Ratwatte in connection with the killing of
All Ceylon Tamil Congress Leader Kumar Ponnambalam, CID sources said.
Mahen
Ratwatte is to be questioned following a sworn statement by former head of
criminal investigations division of police headquarters, SSP, Bandula Wickramasinghe
to the Criminal Investigations Department.
In
his statement SSP, Bandula Wickramasinghe had said that a police constable
identified as Ranasinghe who had been arrested in connection with the killing
of Kumar Ponnambalam on orders of the Criminal Investigations Division of
police headquarters had in a statement to police mentioned the name of Mahen
Ratwatte as being allegedly involved in this killing.
The
others arrested in connection with this killing are Moratu Saman and Sujeewa.
All three suspects have been remanded. (The Island 12 March 2002)
Killing of Kumar Ponnambalam
SSP questioned by CID
The
Criminal Investigations Department has recorded the statements of SSP Bandula
Wickramasinghe in connection with the killing of All Ceylon Tamil Congress
leader, Kumar Ponnambalam, CID sources said.
SSP Bandula Wickramasinghe was the
head of the Crimes Investigation Division of Police Headquarters which carried
out investigations, at that time, into the killing of Kumar Ponnambalam. (The
Island 11 March 2002)
* The Special Rapporteur had been invited to undertake a visit to Sri Lanka from 27 November to 2 December 2001. In that connection he sent three letters of allegation. In view of the elections to be held on 5 December 2001 in Sri Lanka, the Special Rapporteur decided, after consultations with the Government, to postpone his misson.