Assassination
of a Human rights defender
Kumar
Ponnambalam
(TCHR Report 2001)
Government
sponsored killers
(TAMIL
CENTRE FOR HUMAN RIGHTS - TCHR/CTDH Ref:
AC/13/01 - PRESS RELEASE 05 January 2001)
5th January 2000 was a
nightmare to every peace-loving citizen of this world. It was the day when yet
another barbaric act was committed by the government of Sri Lanka.
Mr. G. G. Ponnambalam Jnr. -
known to everyone as Kumar Ponnambalam was assassinated by Sri Lankan
government-sponsored killers. At 10.00am on 5th January he was shot dead in
cold blood in Wellawatta-Colombo, Sri Lanka.
Mr. Ponnambalam, living in
Colombo, had courageously presented internationally - the deteriorating human
rights situation, which is far from improving in Sri Lanka. For several years,
he spoke on these matters in international arenas, such as the United Nations
Commission on Human Rights - Geneva-Switzerland, Council of Europe -
Strasbourg-France, European Parliament - Brussels-Belgium, Royal Institute of
International Affairs - London, United Kingdom. Also he delivered speeches in
many seminars and conferences in Canada, Denmark, Germany, Netherlands and USA.
A year has now passed and
there has been no development at all in the investigation of this
assassination, despite many clues. It was masterminded and carried out by
government sponsored killers, whom the government is systematically protecting.
Sri Lanka is called a
SOCIALIST, DEMOCRATIC, REPUBLIC-yet could neither find the culprit nor
investigate the assassination of Kumar Ponnambalam, which took place in broad
daylight in the capital, Colombo. Several news items indicate proof that the
government has covered up this incident. (Excerpts)
United
Nations raised concern
1 - Concerns were raised
promptly by the United Nations Special Rapporteur for the Independence of
Judges and Lawyers (Report No. E/CN.4/2000/61 -21
February 2000).
2 - On 15 August 2000, during
the 52nd session of the UN Sub Commission on the promotion and protection
of human rights, a Member and an Expert Mr. Louis Joinet, raised his
concern in a speech made about Mr. Kumar Ponnambalam. Mr. Louis Joinet said,
"I met Mr. Kumar Ponnambalam here in the United Nations during a previous
session. He had told me personally of his fears due to the fact that he had
been verbally threatened and certain media had written attacks against him.
Immediately, I had made an appointment with the Ambassador of Sri Lanka, whom I
met in this building. I talked the matter over with him, bringing to his notice
these threats to Mr. Ponnambalam. Mr. Ponnambalam's fears proved to be right and
he is no more alive!".
Key
witness tortured !
According to a letter written
by Attorney-at-Law, and Member of Parliament, Mr Appathuray Vinayagamoorthy on 19 February, a
key witness in connection with the assassination of Mr Kumar Ponnambalam on 5
January 2000, was arrested and tortured.
Mr Siva was arrested in
mid-January by the CDB and severely tortured. His distressed family
contacted the family of the late Mr Kumar Ponnambalam. Later Mr Vinayagamoorthy
intervened to secure the release of the innocent witness.
On 3 July 2000, witnesses
were forced to demand that suspects in an identification parade open their
mouths to expose their teeth - they had been instructed to choose the person
with malformed teeth!! The incident was well-publicised in the Colombo media
and proved that the investigations into Kumar's assassination were manipulated
and attempts were made to mislead the witnesses.
The recent arrest and
torture of the key witness, Mr Siva, clearly indicate an attempt to cover-up
the assassination of Kumar in yet another way, and to confuse matters even
more. There are strong clues in the case - but nothing has been done to
properly investigate them yet.
Attorney
at law of the family of the late Mr. Kumar Ponnambalam
15, Siripa Lane,
Colombo 5
16/7/2000
The Hon. Attorney General
Colombo 12
Dear Sir,
ASSASSINATION OF MR. KUMAR
PONNAMBALAM
Along with Mr. A. M. B.
Kiribanda, Attorney at law and instructed by Mr. Ravi Matugama, Attorney at
law, I write on behalf of the family of the late Mr. Kumar Ponnambalam.
The investigation into the
killing of Mr. Ponnambalam, which took place in January 2000, had been placed
in charge of Mr. Bandula Wickremasinghe, Senior Superintendent of Police and
head of the CDB. This letter is to request you to direct that Mr.
Wickremasinghe be removed from having anything to do with this investigation
and that an impartial police officer be placed in charge of it. The reasons for
this unusual application are as follows.
Mr. Bandula Wickremasinghe is
a police officer who has been fined a sum of Rs. 50,000 personal on him
on account of his illegal arrest of Mr. Mahanama Tillekeratne, High Court
Judge. Additionally, his conduct was such that Their Lordships Court are
holding proceedings to deal with him for contempt of Court. Further his conduct
vis-à-vis this investigation shows that his sole objective appears to be
exonerate the Government of any complicity in the killing of Mr. Ponnambalam at
whatever cost.
A day after the killing of
Mr. Ponnambalam, Mr. Wickremasinghe called Mrs. Ponnambalam and in the course
of his conversation with her, has asked her whom she suspects. Assuming him to
be impartial - a wholly erroneous impression - Mrs. Ponnambalam had told him
that in view of the attacks on the government by Mr. Ponnambalam, she suspected
that the killing was done by a government official at the instigation of a very
high personage. Mr. Wickremasinghe who had not yet started to investigate this case,
immediately scoffed at it and said that this government would not do such a
thing and that the EPDP was behind it.
From time to time, he rang up
members of the family and attempted to justify his theory and on one occasion
even went to the extent of saying that two people were seen there wearing jeans
which were similar to those worn by the 'boys', suggesting thereby that the
LTTE may have had a hand in it. Meanwhile, various persons were arrested from
time to time and witness Thomas and Siva were taken and shown the suspects and
shown photographs of further suspects. None of them, however, were identified.
Mrs. Ponnambalam and her
family went abroad and were away for about six weeks and returned on the 21st
of April. A day or two later, the family was informed by Mr. Wickremasinghe
that investigations were over and that the LTTE were definitely behind it. This
was refuted completely by the Ponnambalam family as the leader of the LTTE had
conferred a title on him equivalent to being a 'great, great man' - hardly the
conduct of assassins of Mr. Ponnambalam.
On the 15th of June, Mr.
Wickremasinghe who seems to specialise in press interviews - informed the press
that there was a call from a RPC who claimed that he was responsible for the
killing of Mr. Ponnambalam and that he had utilised the services of one Moratuva
Saman and Sankeewa. At this briefing, Mr. Wickremasinghe revealed - and that
was highly improper and totally unfair by Moratuva Saman and Sanjeewa - that
they made confessions and that a pistol was recovered under Section 27 of the
Evidence Ordinance. What kind of justice could be meted out to these two
persons as this has already been publicised.
Further, on the 3rd of July,
there was an identification parade at MC Mt. Laviniya to identify, if possible
a suspect said to be Shantha. Mr. Thomas was taken to the CDB where witness Mr.
Siva had already been brought. Thereafter, both of them had been told
specifically by Mr. Wickremasinghe to ask the people in the parade to expose
their teeth as the correct person would have a deformity in the teeth. Fortunately, the
witnesses had a better sense of justice than Mr. Wickremasighe and failed to
identify any suspect.
Considering the track record
of Mr. Wickremasighe coupled with his conviction by Their Lordships Court on the violation of the fundamental right
of Mr. Mahanama Tillekeratne and his subsequent efforts to defend the
government, Mr. Ponnambalam's death can never be solved by him.
It is, therefore, submitted
that in the interests of justice as far as the late Mr. Ponnambalam is
concerned, the CID be detailed to investigate his killing.
Yours
Faithfully,
Daya
Perera - President's Counsel
Kumar
Ponnambalam defended Sinhalese
Six months after the assassination these are the thoughts I wanted to express
at Kumar’s funeral but , I didn’t get an opportunity . I write as a
minister of the Christian church, as a member of a peace organisation namely
the Sri Lanka Group of the World Solidarity Forum for Justice and Peace in Sri
Lanka, and as a member of the Sinhala Community. I had known Kumar Ponapalam
as a friend and a person with whom I had worked in the progressive
people’s movement . He was genuinely committed and a loveable person. I
first came to know him in the seventies when he readily responded to my
request to defend a Sinhala insurgent from a remote village in a murder case.
He undertook the case free of charge and won the case. That Sinhala village
youth is now a respected member of society.
There were others whom he
helped in this way , including one who became an outstanding peasant and human
rights organiser. Then we have worked together in the peace movement when he
was a member of the World Solidarity Forum. Later our views diverged on the
ethnic issues. However I disagreed with him I must acknowledge that he
emphasised a point of view , a certain dimension , shall we say , that was
seriously distorted and neglected by others. It was a side of things that
needed to be emphasised and he stood practically alone in this and in doing
so he showed outstanding, amazing courage. It could well be said that
he was unbalanced and it was counter -productive but his inflexible courage and
single-minded determinations were beyond question. (An appreciation by Revd. Yohan Devananda - Excerpts
from The Island - Wednesday July 5th, 2000)