Commission on Human
Rights
An Appeal to
The United Nations
Commission on Human Rights
57 Session / Sesiones
19 / 03 / 2001 -- 27 / 04 /2001
No one was left to speak up !
We cannot afford
indifference, individually or collectively. Let us heed the unforgettable
warning of the German theologian Martin Niemoller:
"In
Germany they came first for the Communists, and I didn't speak up because I
wasn't a Communist. Then they came for the Jews, and I didn't speak up because
I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up
because I wasn't a trade unionist. Then they came for the Catholics, and I
didn't speak up because I was a Protestant. "Then they came for me, and by
that time no one was left to speak up."
Excerpts from the Statement by
Mr. Kofi Annan, Secretary-General of the United Nations - 54th session of the Commission on Human
Rights - Geneva, 16 March 1998
********
No government has the right to
hide behind national sovereignty in order to violate the human rights
…………..And let me therefore be very
clear: even though we are an organization of Member States, the rights and
ideals the United Nations exists to protect are those of peoples. As long as I
am Secretary-General, the United Nations as an institution will always place
human being at the centre of everything we do. No government has the right to
hide behind national sovereignty in order to violate the human rights or
fundamental freedoms of its peoples. Whether a person belongs to the minority
or the majority, that person's human rights and fundamental freedoms are
sacred.
Excerpts from the Statement by Mr. Kofi Annan,
Secretary-General of the United Nations
- 55th session of the Commission on Human Rights - Geneva, 7 April
1999
*************
Violations of human rights are no
longer
considered an internal matter
The obligation of Government is made
still weightier by the fact that the defence of human rights is universal in
nature. Violations of human rights are no longer considered an internal matter.
International human rights law is emphatic that when human rights are being
violated the international community has a right and a duty to respond, and to
come to the assistance of the victims.
Excerpts from the Statement by Mr. Kofi Annan, Secretary-General
of the United Nations
- 56th session of the Commission on Human Rights - Geneva, 4 April
2000
Contents
Page
TCHR
appeal to the 57th session 05
1 - General
Foreign loan to Sri
Lanka year 2000 07
Arms
purchase by Sri Lanka Defence
expenditure 09
Sri Lanka Arms purchase
year 2000 10
A few noteworthy human rights violations by Sri
Lanka 11
Fact and figures of 18
years war 12
Comparison: PLO-Kosovo-Tamil 13
2 - Promotion
and protection of Human Rights
Assassination of a Human Rights
defender Kumar Ponnambalam
Government sponsored killers 14
United
Nations raised concern
Key witness tortured
Letter from
Attorney at Law of the family of late Ponnambalam 15
Kumar
Ponnambalam defended Sinhalese 16
Police say
15 most wanted criminals escape abroad
3 - The
right of peoples to self-determination
Sri
Lanka talks peace only when it faces an election 17
LTTE Unilateral cease-fire
10 Tamil parties appeal for cease-fire
Recognise the right to self-determination of
Tamils 18
10,000
demonstrated in Jaffna
Declaration
by representatives of University of Jaffna 19
Batticaloa
University for cease-fire, self-determination
LTTE leader
offers peace talk, Prime Minister vows war 21
4 - Economic,
social and cultural rights 22
Right to Housing
80% Houses
damaged in Jaffna 23
Right to Food
350,000
without food and essential supplies
Withdrawal
of relief payment to over 90,000
Right to Health
3807
patients transported by ship to Trincomalee 24 Deaths due to malnutrition
Hospitals
closed no longer accepting patients 25 Vanni region
further deteriorated
42 lost
limbs 26 Medical officer killed
Press
release of Medicine sans Frontieres (MSF)
Right to Education 27 270,000 Children displaced
58
undergraduates arrested
School boy
abducted and tortured
75 schools
defunct 28 Right to Work
Farmers,
Fisherman, Labourers, Traders affected by embargo
7 farmers
killed 29
Colonisation 30
Tamil-Sinhala
population in Eastern province
Sinhala
settlement
Tamil-Sinhala
population in Batticaloa district
Tamil-Sinhala
population in Amparai district
Tamil-Sinhala population in Trincomalee
district 31
2
5 - Civil
and political rights
State of emergency
27 years of
emergency rule 32
Emergency
context in North and East Sri Lanka
New
emergency regulations 33
22 years of
Prevention of Terrorism Act - PTA 34
Torture
The sexual
abuse of male detainees 34
Deported
Tamils face Torture
Detention
Year 2000 -
over 18,000 arrested under PTA-ER 35
9 under-graduates arrested
Military
death squads
Parliamentarian
arrested
144
Government - run places of detention 36
Disappearances
Visit to Sri Lanka by a member of UN
working group Disappearances on the rise Amnesty 37
Chemmani
mass grave: cover-up continues!
Summary executions
Special rapporteurs observations 38
It’s better
to kill the people
Sri Lanka
Navy officer committed war crime Australian court
Army shot
five people in Mosque 39
Youth
beheaded by Army 6 Plantation workers shot dead
Massacres
31 killed in
detention centre 40
UN Secretary-General
Kofi Annan, distressed by killings
ICRC -
Amnesty
Recent massacres and major killings 41 Barbaric killings on the increase in
Sri Lanka 42 9th year of Batticaloa
massacre
Death
Penalty
Executions may
be resumed after 24 years in Sri Lanka 43
Freedom of expression At least 31 journalists killed in Sri Lanka 44
Brutal killing of a journalist
Nirmalarajan
received death threats
Person
responsible for killing may even roam corridors of power 45
Bravely
reported on the vote rigging, intimidation and violence
Suspicion
fallen on EPDP
Annual report Reporters without borders
29
journalists assaulted 46
Journalists
killed - jailed - threatened -
attacked
Pressure
and obstruction
Journalist
arrested and tortured in custody in Colombo 47
Foreign
media censored
Newspapers
shut down
Administration of justice
Anti-Tamil
protesters threaten Human Rights Lawyer at UN 48 WFDY condemned the anti-Tamil demonstration
Dr. Jayalath Jeyawardena, MP's complaint before
UN
MPs voted against emergency sought asylum in UK 49
Impunity
Sri Lanka
prepares for the UN Commission on Human Rights Religious
intolerance
75 Hindu
temples closed 50
Buddhism
further strengthened in draft (new) constitution
15 Temple
employees and priest arrested
Permission
refused for Catholic procession
British charity bombed
in Sri Lanka
Communal violence in
up-country 51
3
6 - Violence
against women
UN expert Mr. Paul
Sergio Pinheiro
Gang-rape and murder
case-still no convictions! 52
Many
gang-rape and murder cases
70-Year
old woman raped
Dangers
faced by displaced women and girls
Woman
farmer killed and mutilated 53
Women's
lives affected in every area
Two
young women tortured by male Police
Special
task force rape
Pregnant
women threatened by shortage of medicines
Sterilisation
as a form of genocide
7 - Rights
of the child
900,000 children lack
education, food and shelter 54
Children forced to feel the heat of battle
Extra-judicial killings
of children.
8 - Mass
exoduses and displaced persons Thousand
forced to leave Jaffna UNHCR 55 Refugees from Sri Lanka kept
like cattle
Humanitarian disaster
faces civilians in Vanni 56
Over 160,000 forced out
of their homes ICRC
12,000 displaced
arrests, disappearances continue
Problem face by
deportees from host countries EUROPE 57
9 - The
right to development
UN Official turns
Activist
Bogus Human rights
organisation for ECOSOC status 58 Statement by 6 lecturers of
University of Jaffna on UTHR (J) 59
Assassination “Hit list”
prepared by Sri Lanka propagandists 60
Human rights commission covering up for the
government 61
The Law of the jungle 63
10 - Summary
report (names, dates, places of incidents, etc)
Detainees under PTA in Kalutara
prison 64
Arbitrary arrest / Detention 89
Extra judicial killings
/ summary executions 93
Enforced or involuntary
disappearances 100
Rape / Torture and
others 105
ANNEXES:
1 - Speech of Jaffna district judge Mr. M.
Thirunavukarasu 112
2 - Members of the European Parliament 113
3 - The massacre of Tamil youths Dr. Brian
Seneviratne (A Sinhalese academic) 114
4 - 14
US Congressmen appeal to Sri Lanka -
June 29, 2000 116
5 - Congressmen writes to Madeleine K.
Albright - October 30, 2000 117
6 - European Union calls for Sri Lanka to
enter talks 118
7 - Human Rights watch world report 2001 119
4
March 19 2001
The
Chairperson and Members
57th
Session of the
Commission
on Human Rights
United
Nations
1211
Geneva 10, Switzerland
Honoured Sirs / Mesdames,
In a report (E/CN.4/2000/12) submitted
to the last Session of the Commission on Human Rights - the High Commissioner
for Human Rights, Mary Robinson, recalled with sadness a warning given by the
former Special Rapporteur on Extra-judicial and Summary or Arbitrary
Executions. In his 1993 report he stated that the situation in Rwanda had
deteriorated to such an extent as to raise the distinct possibility that
genocidal acts would take place. This warning, although issued well in time,
went unheeded. No action was taken.
Sirs
/ Mesdames, The same Special Rapporteur visited Sri Lanka from 24 August to 5
September 1997 and submitted a report, (E/CN.4/1998/Add.2), the warnings of
which go unheeded!
We, in TCHR, have repeatedly mentioned
as an early warning, the on-going systematic cultural genocide and gross
violations of fundamental human rights of the Tamil people in the island of Sri
Lanka and in particular the denial of the right to life. We have called for all
possible preventive measures to be urgently taken by the UN Human Rights
forums.
Sirs / Mesdames, the reports of the UN
Special rapporteurs and the Working groups and furthermore the statements by
international NGOs to every Commission on Human Rights and Sub-Commission on
Human Rights clearly indicate that there is imminent danger in Sri Lanka!
The Human Rights situation in Sri Lanka is far from improving - in fact
it is rapidly deteriorating.
Senior personnel of the UN have
reminded us that "Naming and
Shaming" is one of the preventive techniques. Therefore the appeals,
reports, joint-statements, interventions, written statements, and other
communications to the UN Human rights forums are vitally important. Human
rights advocacy on the situation in Sri Lanka should continue at any cost.
Sri Lanka enters into costly public
relations contracts to influence the media internationally, and cover up its
horrendous human rights record. In addition, Sri Lanka adopts a policy of
entering gradually and imperceptibly into the arena of high level people from
the International Community. The intention is to convey propaganda far more
powerfully through these personal contacts than can be done by the government
on its own!
Censorship of local press is heavily
used by the Sri Lankan government to distort the real picture of what is
happening. Military-guided press tours,
and the denial of free access to many parts of the Tamil hereditary areas, to
local and foreign journalists, also contribute to biased reporting.
Sirs
/ Mesdames, The government of Sri Lanka applies various methods to carry out
ethnic cleansing in the island.
Firstly, the Sinhala
constitution denies fundamental and political rights to the Tamil people. Even
the draft (new) constitution was rejected by all Tamil parties because it
failed to meet any Tamil aspirations.
Secondly, the
introduction of the Prevention of Terrorism Act (PTA) in 1979 and 27 years of
emergency rule (ER) have inflicted terror upon the Tamil people in the island.
ER and the PTA permit the Sri Lanka security forces to arrest, torture, rape
and kill the Tamils with impunity. The PTA has given a free hand to the
security forces to shoot people in cold blood in the name of "fighting
terrorism". The arbitrary killing of Lawyers, journalists, religious
leaders, students, continuous massacres and Mafia style killings, etc - are not war against terrorism.
Thirdly, the ten-year
enforcement of an economic embargo to the Tamil hereditary regions stops the
supply of food, medicine and other essential items.
Sirs / Mesdames, the present UN
sanctions on Iraq and Libya, and the earlier one on South Africa were intended
to persuade those governments to respect UN resolutions. But the economic
embargo enforced by the government of Sri Lanka on the people in the island's
North-East, whom it claims are its own citizens, is bizarre!
5
There are many ethnic conflicts around
the world and not a single country other
than Sri Lanka has enforced an economic embargo on its own citizens.
This embargo is starving the people to death and imposing dire hardships and
immense difficulties - it is calculated to do so.
Sirs / Mesdames, in addition to the
economic embargo, Sri Lanka recently purchased large quantities of arms and
ammunition which are normally used only in wars between two countries! -
especially Multi-barrel rocket launchers (MBRLs) and Kfir bomber jets. The use
of these types of arms and artillery, along with the enforced embargo, surely
contradicts the government's claim that the conflict in the island of Sri
Lanka, is an "internal affair"!
In a speech to the 56th Session of the Commission on Human Rights, on April 4 2000, Mr Kofi Annan, Secretary-General of the UN said, " The
obligation of Government is made still weightier by the fact that the defence
of human rights is universal in nature. Violations of human rights are no
longer considered an internal matter.
International human rights law is
emphatic that when human rights are being violated the international community
has a right and duty to respond, and to come to the assistance of the
victims."
Fourthly, Sri Lanka
signs agreements with other countries for the repatriation of Tamil refugees,
whilst at the same time justifying internationally its atrocities against
Tamils. By forced repatriation of Tamil refugees to Sri Lanka - the Sri Lankan
government harasses Tamil people internationally as well as within the island.
In recent months, many newspapers including some based in Colombo, have published a news item saying that 63 westerners and Tamils, who expose the true situation in Sri Lanka, have been marked for assassination by Sri Lankan propagandists! The same news item clearly states that the Sri Lanka ministry of foreign affairs has a hand in it. Until today, the contents of this news item have not been denied by the government of Sri Lanka! Recent incidents in foreign countries have proved that the propagandists have already started to target the people in the list.
Sirs / Mesdames, the government of Sri Lanka which talks of peace, to the international community, has failed to respond positively to the one month unilateral cease-fire declared by the Liberation Tigers of Tamil Eelam - LTTE, on 24 December 2000 which was prolonged for another one month, until 24 February 2001. All the Tamil political parties except one party (which was involved in the recent brutal killing of a senior journalist and which has a ministerial post in the present government) asked the government to respond positively to the LTTE cease-fire. However the government rejected the request by 10 Tamil political parties - all of which have MPs in the parliament and continues its military solution to the island’s bloody conflict. The LTTE, however, extended their unilateral cease-fire for a second time, on 22 February 2001, until 24 March 2001. On the same day, 22 February, the government yet again rejected the cease-fire offer.
Sirs / Mesdames, If
we analyse the past activities of Sri Lanka, the following disturbing truth
becomes crystal clear. Sri Lanka has a
regular habit of PRETENDING to take some action on the massive human violations
only a FEW WEEKS before the beginning of the UN Commission on Human Rights
and Sub-Commission on Promotion and Protection of Human Rights. These hollow
promises of action are intended to avoid or counter any criticism that may be
made by these UN forums, rather than to vigorously promote and protect human
rights in real and effective terms. We are
sure that every peace-loving citizen of this world will have noticed these
tactics of Sri Lanka.
We
are sad to inform this august forum that the Sri Lankan government has still
not taken any positive steps to investigate the assassination of Kumar Ponnambalam. He was killed by so-called "unknown" gunmen on 5 January
2000. NGOs urged the 56th Session of the Commission and the 52nd Session of the
Sub-Commission to take up the issue with the government of Sri Lanka in favour
of the establishment of an independent
inquiry into the assassination of Mr Ponnambalam.
Sirs
/ Mesdames, distinguished Chair and Members of the Commission, we urge you to
take our appeal into your kind consideration and to reflect on it as a call for
action to be taken to prevent further gross and systematic violations and genocidal
acts. We believe that this Commission CAN be a vehicle to express the noble
values and aspirations for humanity that underpin the UDHR and all the
Covenants and Conventions established to promote and protect human rights. We
appeal to you from the depths of our hearts and in the name of humanity, to
take action.
Thanking
you,
S. V. Kirubaharan
General
Secretary - TCHR/CTDH
6
ARMS PURCHASE BY SRI LANKA !
Tamil Centre for Human Rights - TCHR/CTDH Email : tchrgs@hotmail.com / tchrdip@hotmail.com
Sri Lankan official defence outlays in 1998 were Rs 57.2bn ($886m), some
Rs 12.2m ($189m) over budget. If
outlays for paramilitary forces are
added, the total is estimated at Rs 63bn ($97m). Recent army acquisitions
include 36 type 66 152 mm towed artillery from China, while the Air Force is to
acquire two modernised Mi 5 (The export variant of the Mi 24) armed helicopters
from Russia in 1999. (Excerpts from "The Military Balance
1999-2000")
Defence expenditure
(Comparisons of defence expenditure and military
manpower in 1985, 1997 and 1998)
(US $ m) (US $ per capita) (% of GDP)
1985 1997 1998 1985 1997 1998 1985 1997 1998
325 949 956 21 51 51 3.8 6.4 6.1
Numbers in Estimated Paramilitary
armed forces Reservists
(000) (000) (000)
1985 1998 1998 1998
21.6 115.0 4.2 110.2
Arms deliveries to Sri Lanka :
Year US $ M
1987
68
1992
5
1993
22
1994
107
1995
167
1996
209
1997
261
1998
250
(Courtesy "The Military Balance 1999-2000" - The International
Institute for strategic studies)
Sri Lankan government is more focussed on intensifying the war than
de-escalating it. Sri Lankan government
sought and received increased military assistance from key donors and
cultivated relations with potential arms suppliers, including Israel. Norway, India and the United States played
major roles in as yet unsuccessful efforts to bring about negotiations between
the warring parties (Human Rights watch, 2001).
9
A few noteworthy
Human Rights violations by Sri Lanka
Tamil Centre for Human Rights - TCHR/CTDH Email : tchrgs@hotmail.com / tchrdip@hotmail.com
1948 The
Citizenship Act disenfranchising Indian Tamil Plantation workers was passed in
Parliament. One million 3rd generation plantation workers were living in the
island for over 115 years. They were brought to the island by the British from
South India to work in Tea and Rubber plantations in the hill country. 100,000
plantation Tamils were victimised.
1956 The
"Sinhala Only" Act was passed in the Sri Lankan Parliament. This Act
made "Sinhala" as a compulsory language for Tamils. Tamils staged
peaceful protests in Colombo and Gal Oya. 150 Tamils were burnt or hacked to
death; 20 women were raped; 3000 were made refugees and their properties were
looted by the Sinhala mobs.
1958 Anti
Tamil riots in Sinhala areas. Massacre of Tamils, looting of their properties,
setting fire to their houses and even burning Tamils alive! 25,000 Tamils were
made refugees; 500 Tamils were burnt or hacked to death; 200 Women were raped
and Tamil properties were looted or destroyed by Sinhala mobs.
1961 Tamil
non-violent (Satyagraha) civil disobedience campaign in the North-East was
disrupted by the Sri Lankan security forces, protesters were beaten and
arrested.
1964 The pact (Srima-Shastri) to evacuate Tamil plantation
workers of Indian origin was signed. They were living in the Island for over
115 years. 650,000 Plantation Tamils became stateless persons.
1972 Equal
education opportunities for Tamil students were denied. Standardisation on University
admission was introduced.
1974 The Fourth
International Tamil research Conference held on 10/01/1974 in Jaffna was
disrupted by the Sri Lanka Police. 9 Tamils were brutally killed.
1979 Prevention of
Terrorism Act (PTA) was introduced in Sri Lanka. This Act gives free hand to
the Security forces to arrest, detain, torture, rape, kill and dispose of
bodies with impunity. Arrested people could be detained for eighteen months
without being produced in courts. (July)
1981 The Jaffna
Public Library containing 95,000 volumes was completely destroyed in a fire set
by a group of Police officers who went on a rampage in the Jaffna city on May
31, 1981. 95,000 volumes of unrecoverable - invaluable books were burnt.
1983 The Government
masterminded anti-Tamil riots in July 1983. More than 6,000 Tamils were killed
by the Sinhalese in the South. Tamil houses and businesses were looted and
destroyed. Tamils living in the South were sent in ships to the North and East
by the government. 250,000 Tamils were made refugees; 2,500 Tamils were burnt
or hacked to death; 500 women were raped; 53 Tamils political prisoners were
brutally murdered in the maximum security Welikada prison on 25-27 July.
1984 Tamils living
in the North-East were arrested tortured and killed. Women were raped, many
disappeared. Tamil properties were looted or destroyed by the Sri Lankan
security forces. Air Force bombers dropped napalm bombs in residential areas
causing severe loss and damage to Tamil people and their property. All these continues…….
The Prevention of Terrorism Act (PTA) and the
Emergency Regulations (ER) adopted by the government are helping the security
forces to carry on with all sorts of human rights violations with impunity.
1990 Economic
embargo in Tamil areas. Food, medicine, electricity and other important items
are denied to the Tamils. It continues…….
11
FACTS AND FIGURES OF 18 YEAR WAR
AGAINST THE TAMIL PEOPLE
Tamil Centre for Human Rights - TCHR/CTDH Email : tchrgs@hotmail.com /
tchrdip@hotmail.com
70,000 Tamils have been killed in the North-East of the
Island. This number is three percent (3%) of the total Tamil population of the
Island. In other words, an average of nine (9) Tamils have been killed every day; or for every 50
Tamils living one had been killed.
460,000 Tamils have sought refugee status in Europe and other
countries. This is 16% of the Tamil population
1000,000 Tamils are displaced within the North-East of the
Island. This is 40% of the Tamil population.
250,000 Tamil children's education affected due to either the
destruction of school buildings through aerial bombings or conversion of school
buildings into military camps.
60,000 Families have lost their bread winners. More than
40,000 women are forced to be widows.
300,000 Tamil houses destroyed in the North-East. Nearly
900,000 to 1,000,000 people are without shelter and most of them live in shrub
jungles or under trees.
2000 Buildings of religious places, such as Churches and
Temples have been destroyed in aerial bombings.
(TCHR - Information accumulated from local news
papers, religious heads, NGOs and others )
*****
SRI LANKAN GOVERNMENT SECURITY FORCES PERSECUTE TAMILS THROUGHOUT THE
ISLAND
(53rd Session of the UN Commission on Human Rights
- 25 March 1997)
The Sri Lankan Government security forces persecute Tamils throughout
the island with arbitrary arrests, indefinite detention, torture, involuntary
disappearances and extra-judicial killings. In short, every Tamil man or woman
has become a target.
The Sri Lankan Government also permits the existence of shadowy
para-military groups, who are really hitmen and henchmen of poor-calibre
politicians, who also indulge in the crimes mentioned above.
by the late Mr. G. G. Ponnambalam
Humanitarian Law Project - USA
(Mr. G. G. Ponnambalam -
assassinated by so-called unknown gunmen on 5/1/2000)
12
PROMOTION AND PROTECTION OF HUMAN RIGHTS
Assassination of a Human rights defender - Kumar Ponnambalam
Government sponsored killers
(TAMIL CENTRE FOR HUMAN RIGHTS - TCHR/CTDH Ref: AC/13/01 - PRESS RELEASE 05 January 2001)
5th January 2000 was a nightmare to every peace-loving citizen of this
world. It was the day when yet another barbaric act was committed by the
government of Sri Lanka.
Mr. G. G. Ponnambalam Jnr. - known to everyone as Kumar Ponnambalam was
assassinated by Sri Lankan government-sponsored killers. At 10.00am on 5th
January he was shot dead in cold blood in Wellawatta-Colombo, Sri Lanka.
Mr. Ponnambalam, living in Colombo, had courageously presented internationally
- the deteriorating human rights situation, which is far from improving in Sri
Lanka. For several years, he spoke on these matters in international arenas,
such as the United Nations Commission on Human Rights - Geneva-Switzerland,
Council of Europe - Strasbourg-France, European Parliament - Brussels-Belgium,
Royal Institute of International Affairs - London, United Kingdom. Also he
delivered speeches in many seminars and conferences in Canada, Denmark,
Germany, Netherlands and USA.
A year has now passed and there has been no
development at all in the investigation of this assassination, despite many
clues. It was masterminded and carried out by government sponsored killers,
whom the government is systematically protecting.
Sri Lanka is called a SOCIALIST, DEMOCRATIC, REPUBLIC-yet could neither
find the culprit nor investigate the assassination of Kumar Ponnambalam, which
took place in broad daylight in the capital, Colombo. Several news items
indicate proof that the government has covered up this incident. (Excerpts)
United Nations raised concern
1 - Concerns were raised promptly by the United Nations Special
Rapporteur for the Independence of Judges and Lawyers (Report No. E/CN.4/2000/61 -21
February 2000).
2 - On 15 August 2000, during the 52nd session of the UN Sub Commission on the
promotion and protection of human rights, a Member and an Expert Mr.
Louis Joinet, raised his concern in a speech made about Mr. Kumar Ponnambalam.
Mr. Louis Joinet said, "I met Mr. Kumar Ponnambalam here in the United
Nations during a previous session. He had told me personally of his fears due
to the fact that he had been verbally threatened and certain media had written
attacks against him. Immediately, I had made an appointment with the Ambassador
of Sri Lanka, whom I met in this building. I talked the matter over with him,
bringing to his notice these threats to Mr. Ponnambalam. Mr. Ponnambalam's
fears proved to be right and he is no more alive!".
Key witness tortured !
According to a letter written by Attorney-at-Law,
and Member of Parliament, Mr Appathuray Vinayagamoorthy on 19 February, a
key witness in connection with the assassination of Mr Kumar Ponnambalam on 5
January 2000, was arrested and tortured.
Mr Siva was arrested in mid-January by the CDB and severely
tortured. His distressed family contacted the
family of the late Mr Kumar Ponnambalam. Later Mr Vinayagamoorthy intervened to
secure the release of the innocent witness.
On 3 July 2000, witnesses were forced to demand that suspects in an
identification parade open their mouths to expose their teeth - they had been
instructed to choose the person with malformed teeth!! The incident was
well-publicised in the Colombo media and proved that the investigations into
Kumar's assassination were manipulated and attempts were made to mislead the
witnesses.
The recent arrest and torture of the key witness, Mr
Siva, clearly indicate an attempt to cover-up the assassination of Kumar in yet
another way, and to confuse matters even more.
There are strong clues in the case - but nothing has been done to properly
investigate them yet.
14
Attorney at law of the family of the late Mr. Kumar Ponnambalam
15, Siripa Lane, Colombo 5 16/7/2000
The Hon. Attorney General
Colombo 12
Dear Sir,
ASSASSINATION OF MR. KUMAR PONNAMBALAM
Along with Mr. A. M. B. Kiribanda, Attorney at law and instructed by Mr.
Ravi Matugama, Attorney at law, I write on behalf of the family of the late Mr.
Kumar Ponnambalam.
The investigation into the killing of Mr. Ponnambalam, which took place
in January 2000, had been placed in charge of Mr. Bandula Wickremasinghe,
Senior Superintendent of Police and head of the CDB. This letter is to request
you to direct that Mr. Wickremasinghe be removed from having anything to do
with this investigation and that an
impartial police officer be placed in charge of it. The reasons for this
unusual application are as follows.
Mr. Bandula Wickremasinghe is a police officer who has been fined a sum of Rs. 50,000 personal on
him on account of his illegal arrest of Mr.
Mahanama Tillekeratne, High Court Judge. Additionally, his conduct was such
that Their Lordships Court are holding proceedings to deal with him for
contempt of Court. Further his conduct vis-à-vis this investigation shows that
his sole objective appears to be exonerate the Government of any complicity in
the killing of Mr. Ponnambalam at whatever cost.
A day after the killing of Mr. Ponnambalam, Mr. Wickremasinghe called
Mrs. Ponnambalam and in the course of his conversation with her, has asked her
whom she suspects. Assuming him to be impartial - a wholly erroneous impression
- Mrs. Ponnambalam had told him that in
view of the attacks on the government by Mr. Ponnambalam, she suspected that
the killing was done by a government official at the instigation of a very high
personage. Mr. Wickremasinghe who had not yet started to investigate this
case, immediately scoffed at it and said that this government would not do such
a thing and that the EPDP was behind it.
From time to time, he rang up members of the family and attempted to
justify his theory and on one occasion even went to the extent of saying that
two people were seen there wearing jeans which were similar to those worn by
the 'boys', suggesting thereby that the LTTE may have had a hand in it. Meanwhile,
various persons were arrested from time to time and witness Thomas and Siva
were taken and shown the suspects and shown photographs of further suspects.
None of them, however, were identified.
Mrs. Ponnambalam and her family went abroad and were away for about six
weeks and returned on the 21st of April. A day or two later, the family was
informed by Mr. Wickremasinghe that investigations were over and that the LTTE
were definitely behind it. This was
refuted completely by the Ponnambalam family as the leader of the LTTE had
conferred a title on him equivalent to being a 'great, great man' - hardly the
conduct of assassins of Mr. Ponnambalam.
On the 15th of June, Mr. Wickremasinghe who seems to specialise in press
interviews - informed the press that there was a call from a RPC who claimed
that he was responsible for the killing of Mr. Ponnambalam and that he had
utilised the services of one Moratuva Saman and Sankeewa. At this briefing, Mr. Wickremasinghe revealed - and that was highly
improper and totally unfair by Moratuva Saman and Sanjeewa - that they made
confessions and that a pistol was recovered under Section 27 of the Evidence
Ordinance. What kind of justice could be meted out to these two persons as this
has already been publicised.
Further, on the 3rd of July, there was an identification parade at MC
Mt. Laviniya to identify, if possible a suspect said to be Shantha. Mr. Thomas
was taken to the CDB where witness Mr. Siva had already been brought. Thereafter, both of them had been told specifically
by Mr. Wickremasinghe to ask the people in the parade to expose their teeth as
the correct person would have a deformity in the teeth. Fortunately, the
witnesses had a better sense of justice than Mr. Wickremasighe and failed to
identify any suspect.
15
Considering the track record of Mr. Wickremasighe coupled with his
conviction by Their Lordships Court on
the violation of the fundamental right of Mr. Mahanama Tillekeratne and his
subsequent efforts to defend the government, Mr. Ponnambalam's death can never
be solved by him.
It is, therefore, submitted that in the interests of justice as far as
the late Mr. Ponnambalam is concerned, the CID be detailed to investigate his
killing.
Yours
Faithfully,
Daya Perera - President's Counsel
Kumar Ponnambalam defended Sinhalese
Six months after the assassination these are the thoughts I wanted to express
at Kumar’s funeral but , I didn’t get an opportunity . I write as a minister of
the Christian church, as a member of a peace organisation namely the Sri Lanka
Group of the World Solidarity Forum for Justice and Peace in Sri Lanka, and as a member of the Sinhala Community. I
had known Kumar Ponapalam as a friend and a person with whom I had worked in
the progressive people’s movement . He was genuinely committed and a loveable
person. I first came to know him in the seventies when he readily responded to my request to defend a Sinhala insurgent from a
remote village in a murder case. He undertook the case free of charge and won
the case. That Sinhala village youth is now a respected member of society.
There were others whom he helped in this way , including one who became
an outstanding peasant and human rights organiser. Then we have worked together
in the peace movement when he was a member of the World Solidarity Forum. Later
our views diverged on the ethnic issues. However I disagreed with him I must
acknowledge that he emphasised a point of view , a certain dimension , shall we
say , that was seriously distorted and neglected by others. It was a side of
things that needed to be emphasised and
he stood practically alone in this and in doing so he showed outstanding,
amazing courage. It could well be said that he was unbalanced and it was
counter -productive but his inflexible courage and single-minded determinations
were beyond question. (An
appreciation by Revd. Yohan Devananda - Excerpts from The Island - Wednesday
July 5th, 2000)
Police say 15 most wanted criminals escape abroad !
Frederica Jansz in Colombo, 11 a.m. SLT Tuesday November 7, The police
say that 15 of the most wanted underworld gangsters have fled the country.
Colombo DIG Bodhi Liyanage claimed today that many of the underworld kingpins
have fled to countries like India, Italy, France and the Middle East. The police,
he said, have stepped up a crackdown on hardcore criminals in the country and
have netted 108 gangsters recently who are now serving time in police remand
prisons.
Meanwhile, in yet another police shake-up, senior cop Gamini Seneviratne
will be head the Crime Detective Bureau (CDD) which was formerly under the
stewardship of controversial police sleuth, Bandula 'Show' Wickramasinghe. The
latter has been transferred to police headquarters after it was alleged last
week that he had seriously assaulted a woman suspect. (Courtesy - THE LANKA ACADEMIC of
November 7, 2000 - Vol1-No. 216)
Note : Even though the
government of Sri Lanka has masterminded the assassination of Mr Kumar
Ponnambalam - it is believed that a few underworld gangsters were involved in this
assassination.
(Please refer to page 60, Assassination
“Hit list” prepared by Sri Lanka propagandists)
16
THE RIGHT OF PEOPLES TO SELF-DETERMINATION
Sri Lankan government talks peace only when it faces an election
18 January 2001 - The Sri Lankan
government talks about peace only when it has to face an election and that once
the election is over and the government is formed, it seeks to solve the
problem only by military means, said disappointed people in the Vanni to the
Bishop of the Mannar diocese of the Catholic Church.
LTTE Unilateral Cease-fire
London, 23 January 2001 - The Liberation Tigers of Tamil Eelam (LTTE) in an official statement
issued from its headquarters in Vanni, Northern Sri Lanka, extended its
unilateral cessation of hostilities for another month and called upon the
international community to persuade the Sri Lanka government to reciprocate
favourably and resume negotiations in a cordial atmosphere of peace and
normalcy.
The LTTE declared a month long cease-fire on 24th December 2000 as a
gesture of peace and goodwill for the festive season and called upon Sri Lanka
to respond positively. But the Kumaratunga government rejected the LTTE's offer
as a 'farce' and launched major offensive operations in Jaffna at the cost of
heavy casualties. The LTTE strictly observed peace and engaged only in
defensive war during the period. The Tiger's self-imposed cessation of
hostilities expires at midnight on the 24th January 2001.
'We have decided to extend the cease-fire for another month to prevent
the escalation of current hostilities into an all-out war and to provide
further space to facilitate the peace effort undertaken by the Norwegian
government. Our decision to observe peace for a further period demonstrates our
genuine and earnest desire for peace and our sincere commitment to peaceful
means of resolving the political conflict. We have taken this decision in
conformity with the collective will of the Tamil nation which demands peace and
also in compliance with the wish of the international community which pleads
for a peaceful means of resolving the conflict', the LTTE's statement declared.
'We are sad and disappointed to note that the Sri Lankan government has
rejected our unilateral declaration of cease-fire as a 'ruse'. The government
has not only discredited our genuine gesture of goodwill but also unleashed
major offensive operations during the declared period of peace with the
intention of provoking us. By its belligerent attitude and its actions the Sinhala
regime has demonstrated to the world that it wants to pursue a destructive path
of violence and war paying scant regard to the heavy loss of live caused among
combatants and civilians', the statement said.
'We wish to re-iterate that our liberation organisation is prepared to
enter into peace negotiations when Sri Lanka reciprocates favourably to our
unilateral declaration of cease-fire and agrees to implement the Norwegian
peace project aimed at the de-escalation of war and the normalisation of civilian
life. We again urge the international community, particularly the United
States, Great Britain, European Nations and India, to use their diplomatic good
offices to persuade Sri Lanka to renounce its hard-line militaristic approach
and adopt the path of peace, reconciliation and dialogue', the LTTE's statement
declared.
'It is the considered view of the LTTE that the Sri Lanka government's
rejection of the unilateral cease-fire declared by the LTTE and its refusal to
create congenial conditions for peace talks are aimed at perpetuating the
hostilities and conditions of war in the Island to justify its pursuit to have
the LTTE proscribed under the British Terrorism Act' the statement pointed out.
The statement concludes by saying that the LTTE has, through it chief
negotiator Mr. Anton Balasingham, informed the Norwegian Special Envoy Mr. Erik
Solheim, of its decision to extend the cease-fire and officially requested him
to convey the decision to the Sri Lanka Government.
10 Tamil parties appeal for cease-fire
29 December 2000 - A joint statement issued by a coalition of ten Tamil political parties
in Colombo said, "Sri Lankan government should
respond favourably to the call by the Liberation Tigers for a cease-fire and,
USA, Britain, India, members of the European Union and other countries
interested in solving the conflict in Sri Lanka should exert pressure on the
Sri Lankan Government to bring an end to the war."
17
A meeting was held at Tamil Eelam Liberation Organisation (TELO) head
quarters in Colombo. The Leader of TELO, Srikantha presided over the meeting.
The People's Liberation Organisation of Tamil Eelam (PLOTE), TELO, All Ceylon
Tamil Congress (ACTC), Tamil United Liberation Front (TULF), Ceylon National
Workers Congress, Democratic Workers’ Congress, National Workers Foundation and
Assiz Democratic Workers’ Congress participated.
Mr. Chandrasekaran, Member of Parliament representing the Upcountry Peoples
Front informed the meeting that his party would lend its support to the
decisions taken in the meeting.
The Tamil parties met the Ambassadors of the above mentioned countries to
promote the appeal for a cease-fire. They urged third party mediation stating
that the international community should focus their attention on mounting
incidents of racial killings against Tamils.
Recognise the right to self-determination of Tamils
Jaffna University teachers appeal to President
The community of the University of Jaffna appealed to
the President Her Excellency, to recognise the Right to self-determination of
the Tamils living in the country and to have peace talks with the Liberation
Tigers of Tamil Eelam (LTTE) making use of the unilateral declaration of
cease-fire from the side of the LTTE.
The community further stressed that the fundamental aspirations
of the Tamils in the country should be fulfilled without further delay.
In this connection a large meeting was held at the
esplanade of the University. The President of the Student Union Mr. S. Arnold
President, Representative of all the faculties at the University extended their
fullest co-operation and solidarity for the non violent action that is being
planned at district level, emphasising the urgent need to have peace talk with
the LTTE.
Vice-chancellor of the University Prof. P. Balasundarampillai,
Head of the History Department professor. S. K. Sittampalam, and Dean of the
Faculty of Arts Prof. S. Balanchandran were present.
Meanwhile, it is learnt that the Consortium of
Humanitarian Agencies in Jaffna, also expressed its furthest co-operation and
support for the action to be taken by community of the University of Jaffna on
the issue of the ethnic conflict in the country. (The Weekend Express 6-7 January
2001)
10,000 Demonstrated in Jaffna
17 January 2001 - More than ten
thousand people in Jaffna comprising university students, high-school students,
residents and representatives and members of civil organisations demonstrated
urging the Sri Lankan government to reciprocate the Liberation Tigers
unilateral cease-fire and negotiate with the movement. Thousands more people
were turned away by Sri Lankan security forces at check points set up along the
major roads leading to the university, residents said. Reporters were not
permitted into the university either.
The security forces had refused to allow peace demonstration and warned
students, lecturers and residents of the dire consequences of participating in
it. On January 13th, nine students were
arrested by the Sri Lanka Army.
Roads leading to the university were blocked off with barbed wire placed across
some of the streets. Army also set up roadblocks at the major entrances to the
university and refused entry to the grounds for anyone who was not staff or a
student there.
However people had scaled over the walls and found ways around the blocked
streets to enter the grounds, which were decorated in red and yellow bunting,
and join the protest.
The bicycles of hundreds of participating students were confiscated, loaded
onto a truck and taken away by the Army. The identity cards of several students
were also confiscated and taken to the nearby Army camp. The students were told
to report to the Army to get their cards back.
Some students who were attempting to circumvent a roadblock were chased by
police, and in attempting to jump over a wall, were injured, organisers said.
18
The event, titled “Pongu Tamil”,
began with the ceremonial lighting of the “freedom flame” as the protestors
termed it - by University Vice Chancellor
Professor K Balasundarampillai and other dignitaries.
Professor Balasundarampillai said that he was proud to see the university
student body raising their voices in support of freedom and peace. He expressed
the hope that the ‘Pongu Tamil’ gathering would provide the impetus for an
upraising of Tamil voices in support of peace and the recognition of the
importance of the Norwegian mediated peace efforts.
K Thevaraj, the President of the Jaffna University Teachers Association also
spoke at the event, followed by the President of the Jaffna University Students
Association.
Declaration by representatives of
Jaffna University
A DECLARATION MADE BY THE REPRESENTATIVES OF THE
JAFFNA UNIVERSITY AT THE “PONKU TAMIL” EVENT ON 17TH JANUARY 2001 AT UNIVERSITY
GROUND OF JAFFNA
We are assembled here on this occasion to express the voice of our soul
with unanimity. The government of Sri Lanka should stop this ruinous and
dangerous war forthwith and commence a just and meaningful negotiation with the
LTTE.
Through this negotiation we should find a political solution to fulfil
the aspirations of Tamils by recognising the concepts of
1) TAMIL
NATIONALISM
2) TRADITIONAL
HOME LAND
3) RIGHTS OF SELF DETERMINATION
The feelings of our people have been
frozen due to fear of long-term oppressive measures.
Please understand the genuine feelings and aspirations of our people in
a clear perspective.
You should therefore in all conscience speak for finding a just and
durable solution for our peaceful living
1) The Jaffna
university teachers association
2) The Jaffna
university students union
3) The Jaffna
university executive officers union
4) The Jaffna
university employers union
5) The Jaffna
university clerical & technical staff union
Batticaloa University for cease-fire,
self-determination
25 January 2001 - Students and teachers of the Eastern University in Batticaloa wore black
bands on their arms and observed five minutes of silence to urge the Sri Lankan government to
recognise the Tamil people's right of self determination and to reciprocate the
extended unilateral cease-fire declared by the Liberation Tigers. The Sri Lanka
army in Batticaloa has repeatedly warned the public and civil society groups in
this east coast district that it is a serious offence to hold meetings,
picketing, demonstrations and marches calling on the government to take steps
to expedite the peace process for ending the island ethnic conflict.
19
"LTTE got a wide support of the Tamil community
in self-government"
-
Peter Hain,
British Foreign Office Minister
"Islander" - interview with Peter Hain
Q:Mr. Minister, I understand that
you will be visiting Sri Lanka. Were you invited by the Sri Lankan government?
A; It's a longstanding invitation
from the Sri Lankan government which I am delighted to accept. I was due to go
there a year ago but because of other things, it wasn't possible to do it. Our
friendship with Sri Lanka goes back many generations and we want to strengthen
that friendship and also help to move Sri Lanka forward.
Q; The present
Sri Lankan government has offered a substantial devolution package to the Tamil
community, but it was rejected by the LTTE. The LTTE only come for negotiations
when they are militarily weak so that they can re-arm and re-group and get
ready for the next assault. Many people believe the LTTE do not intend to end
this war through negotiations.
A; That 's not my impression.
Whatever happened in the past, there has been a lot of bad faith. You have to
find your way around this. What is also clear to me is that the Sri Lanka armed
forces cannot defeat the LTTE entirely. The LTTE cannot win militarily what it
wants. Tamil Kingdom is not going to be achievable militarily. They can only
achieve both their interests with compromises, and taking difficult decisions
and making tough choices, if they sit down and talk.
My own personal background, as somebody who was involved in the freedom
struggle in South Africa, I can understand the difficulties of a country like
Sri Lanka which was held back by colonialism over such a long period. I think
that there comes a time when a momentum towards peace starts. The people
realise that the other options have been exhausted
Q; Don't you think that the LTTE
will agree to nothing less than an Independent State for themselves?
A; I think that's what the LTTE
wants to achieve and they got a wide
support of the Tamil community in self-government. But as we have
demonstrated you can still preserve the territorial sovereignty and the single
nation as in Britain. We have Ireland as well, just like in Sri Lanka. We have
achieved it and I think it is possible to achieve it there also. But it needs
patience and the Sinhalese majority needs to back the government. Some of the
hard-line decisions coming from within the community need to be moderated.
Otherwise, you will be fighting forever.
Q; What message could you give to both
the Sri Lankan government and the LTTE?
A; My message is we are ready to help. Britain has a
unique role to play here. This is the historic moment to start negotiating and
stop fighting. To the LTTE I say, you can come to the negotiating table with
dignity with your political objectives understood, and you can achieve
something that the Tamil community wanted for generations, that's self
government.
To the President and the government, I would say the international community
will support you in getting every last mile to achieve peace through
negotiations. Once it is achieved, then I think the prospect for European and
other donor support, investments in the Tamil community areas and the rest of
the country will mean more economic development. We cannot help now in this
regard in the way we want because there is a war going on. (Excerpts from 'The Sunday
Island' - 19th November, 2000)
20
LTTE leader offers peace talks,
Prime Minister of Sri Lanka vows war !
COLOMBO, Nov 27, 2000 (AFP) - Sri Lanka's Tamil rebel supremo Monday
offered talks with the government with no preconditions other than an
insistence on a "cordial atmosphere" as a backdrop to the
negotiations.
Velupillai Prabhakaran, in his annual
Heroes Week speech to commemorate the deaths of some 16,000 fighters in the
past 18 years, said his Liberation Tigers of Tamil Eelam (LTTE) were keen to
end the ethnic conflict peacefully.
"We are not imposing any pre-conditions for peace
talks," Prabhakaran said. "Yet, we insist on the creation of a
cordial atmosphere and conditions of normalcy conducive for peace
negotiations."
Prabhakaran said the Norwegian government, which has
been acting as a "facilitator" to bring the LTTE and the government
to the negotiating table, has proposed several confidence-building measures. He
said action should be taken by both sides to allow the conflict to de-escalate,
with a view to ending hostilities completely.
"It is particularly difficult for both the parties,
who have been involved in a savage and bloody war for the past two decades with
mutual animosity and distrust, to suddenly enter into a peace process, while
continuing hostilities.
"It is precisely for this reason we propose a
process of de-escalation of war leading to a cessation of hostilities and the
creation of a peaceful, cordial environment," Prabhakaran said. In his
keenly awaited policy statement made at the end of the week-long Heroes Week,
Prabhakaran accused President Chandrika Kumaratunga's government of sending
conflicting signals over the issue.
"We have our doubts as to whether this
government, which particularly depends on (majority) Sinhala racists and
(minority) Tamil traitors for its sustenance, will be able to make any bold decisions
to resolve the Tamil national question," he said.
"The Sinhala nation cannot impose its sovereignty
over the historically constituted lands of the Tamils by military aggression
and occupation,"
His speech coincided with remarks by Prime Minister
Ratnasiri Wickremanayake, which cast doubts over the success of any peace
process with the Tamil Tigers. Wickremanayake, who assumed duties as acting
defence minister last week, said there will be no let-up in the military
campaign against the LTTE, despite the latest peace moves which are backed by
Norway.
The European Union, the US and neighbouring India have
supported the peace efforts although the two warring sides are yet to agree on
meeting face-to-face. The prime minister also dismissed comments by Britain's
junior foreign minister Peter Hain which urged Sri Lanka to follow the Northern
Ireland peace talks model.
The Prime Minister said that other
countries' experiences could not be "planted" in Sri Lanka. "We
will carry on the military option until the enemy is totally eliminated,"
the state-run Daily News quoted him as saying. "The government is
certainly not for the cease-fire as previous experiences have shown that the
enemy insists on cease-fire only when it is weak."
21
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
The offensive war in the north and east by the Sri
Lankan armed forces is continuing with heavy civilian casualties, forced
internal displacements, external refugees, and crimes against humanity. Fundamental rights violations including
economic, social and cultural rights and civil and political rights are used as weapons against the
Tamil population in the north and east. The Sri Lankan government does not
comply with its obligations under the International Covenant on Economic,
Social and Cultural Rights. It is a
fact known to the United Nations as well as to the international
community. However, the United Nations
and the international community are not taking constructive actions against the
non-compliance by the Sri Lankan government.
On 6 May 2000, the International Working Group on Sri
Lanka, a coalition of aid agencies and human rights organisations, called on
the international community to avert an impending
humanitarian crisis in Sri Lanka (Human Right watch 2001).
In December 2000, the European Union, whilst
discussing financial assistance for the Sri Lankan government, urged
negotiations to end the protracted conflict in Sri Lanka and called for a
lasting solution which would take "substantial account of the aspirations"
of the Tamils within Sri Lanka's territorial integrity and unity. A declaration
by the Presidency on behalf of the European Union on Sri Lanka at the World
Bank Development Forum also urged the
Sri Lankan government to ease the hardships of the displaced people in the
Northeast and welcomed the Norwegian peace initiative, whilst expressing
concern at defence expenditure.
In November 2000, Norway's Special envoy Mr. Eric Solheim
who returned from Vanni
after meeting the leader of the Liberation Tigers, V. Pirapaharan told
journalists in Colombo that the LTTE had not laid down any precondition to
begin talks with the Sri Lankan Government. He said the LTTE leader brought to
the notice of the Norway's delegation that the Tamil areas of the island was
suffering under the economic embargo imposed by the Sri Lankan government and that he wanted quick return of
normalcy in the Northeast.
Consequently, a “good-will” cease-fire was unilaterally implemented by
the LTTE.
Between December 2000 and January 2001, on several
occasions, the Sri Lankan government
rejected the Liberation Tigers offer of a "goodwill" cease-fire,
asserting that military operations by the armed forces would continue. A
statement issued by the Presidential Secretariat also said that "further
gestures of goodwill are unnecessary " rejecting the LTTE's call to de-
escalate the conflict for negotiations to take place in conditions of normalcy.
On January 17, 2001, the Sri Lankan government began the offensive war with the
code name of “Operation Kinihira-IX”.
1. Gross violations of human rights prevail,
2. Economic growth and development hindered,
3. 614,00 people are internally displaced,
4. Approximately one third of the child population
remains displaced
5. Acute decline of infrastructures, social service
delivery in LTTE controlled areas
6. Economic and social marginalisation of LTTE controlled
areas continues.
7. An estimated 900,000 children reside in the
geographically and economically marginalized LTTE controlled areas.
22
RIGHT TO HOUSING
In early January 2001,
the Sri Lankan army
demolished more than three hundred homes
in the south-western coastal suburbs of Jaffna town to construct large military
facilities.
As of the end of September 2000, the total number of Internally
Displaced people (IDPs) was estimated by UNHCR at 800,000 (UNHCR, November
2000). Of which, about 300,000 IDPs are
located in Vanni area and 16,000 persons are in Trincomalee.
Before the escalation in fighting in April 2000, some 600,000 Internally Displaced Peoples
(IDPs) relied on friends or relatives for shelter (Human Rights Watch 2001). By
mid-September, another 250,000 people, almost all of them residents of Jaffna
district, had reportedly been displaced.
About 100,000 people in Sri Lanka north and east were thought to be
struggling for survival unassisted.
Many families have been displaced
several times (repeated displacement) and are thus increasingly vulnerable
and dependent (Norwegian Refugee Council, 30 Nov 2000).
Shelter from blazing sun or heavy monsoon rains is the primary concern
during the initial phase of displacement.
Current property law dispossesses IDPs after 10 years (UNHCR, November
2000, p.9-10). This is a main concern
of many IDPs from Mannar and Jaffna. Their prospect for return to their homes
are blurred due to the current property law which in principle entails that
titles deeds expires after 10 years of
not exerting usufruct of property.
Military operations and security considerations prohibit return to
village of origin and result in the loss of property and assets over time; the
taking of property, specifically agricultural land and houses for military use
(airport, bases and security zones) is another concern, as is the erosion of
livelihoods caused by restrictions placed on traditional income-earning
activities such as fishing, farming and cottage industry.
In Thenmarachchi Division, 55,000
people, 75% of the population, are displaced and they are having
accommodation problems (British Refugee Council, June 2000).
80% houses damaged in Jaffna
The Jaffna NGO Consortium says that Jaffna people face enormous
difficulties in day-to-day life. Military operations have damaged 80% of the
176,300 houses in the peninsula. Over 17,000 houses have been completely
destroyed. Reports say Rs 478 million ($9.6 million) approved by President
Kumaratunge for repair of buildings has not been paid. In Jaffna a packet of
cement is sold at Rs 535 while the price in other districts is only Rs
265. (Excerpts from - THE SRI LANKA
MONITOR )
RIGHT TO FOOD
On
returning from a five day visit to the Vanni region on 19 January 2001, the Bishop of the Mannar Diocese of the
Catholic Church, Rt. Rev. Rajappu Joseph said “ The displaced civilians of
the Vanni receive only 25 percent of the relief due to them from the government
and most people there are unable to make a living or ply their trade because of
the continuing economic embargo on the region“.
23
Four patients suffering from severe
malnutrition died in December 2000 in
Vavuniya.
Severe malnutrition is prevalent in the Vanni, particularly among
children. Eight adults and 25 severely
malnourished children under 12 were admitted to Killinochchi Hospital
during December 2000.
A senior health officer in the north said that there
has been alarming increase in infant
mortality and the birth of underweight infants recorded in the two
hospitals currently functioning in the Mullathivu district and in the Vanni.
Decision to put Sri Lanka on a “war footing” has
resulted in the reductions in food
assistance to the IDPs (UNHCR, November 2000, p.8). Accordingly, the Government
Agents in the north and east indicated that funds are being released in reduced
quantities on a month to month basis from the Treasury.
“The Defence Ministry ordered a 30% cut in the food
supply to Killiochchi and Mullaitivu districts from January 2000. Earlier 240 lorry-loads of food were allowed
into Vanni whereas twice the amount was needed in the area. The
military continues to deny permission for sufficient food and medicines to be
taken into the Vanni area. In July
Army refused to allow an ambulance presented by UNICEF into the Vanni. The Red Cross has written to the Health
minister about shortage of medicines, but has received no reply (British
Refugee Council, July 2000).
Severe shortage of food supply in the Vanni leaves almost 350,000 civilians without food and
other essential supplies (Norwegian
Refugee Council, November 2000).
Despite repeated appeals by international agencies,
the Sri Lankan government has failed to ensure that adequate humanitarian aid
reaches the internally displaced and other people in northern Vanni
region. The military continues to deny permission for sufficient food and
medicines to be taken into the area. (British Refugee Council, July 2000).
Three-fold increase in low-birth-weight babies (20% of
all new born) in the conflict areas due to the irregular and insufficient
supply of good quality food. Seven (7%) percent severe malnutrition
has been recorded in the northern areas (Norwegian Refugee Council, July 2000).
From July 2000, the government drastically reduced the
number of persons eligible to receive dry rations in the north and east. Displaced people who have immediate
relatives living overseas are not provided with the dry rations and other
support services in the north and east of Sri Lanka. At the end of 2000, the overall reduction of food rations had
created a humanitarian problems in the
displaced areas in the north and east of Sri Lanka.
The Council of NGOs in Jaffna, through the Consortium
of Humanitarian Agencies has been attempting to draw public attention to the
situation in Jaffna. A critical issue
they have focussed on is the decision to withdraw
relief payments to over 90,000 persons in the peninsula, from areas in
Vadamarachchi, Thenmarachchi regions.
According to
the British Refugee Council report, February 2000, estimated 22,450 Tamil
refuges confined to camps and suffer without
sufficient food in Army controlled Vavuniya.
RIGHT TO HEALTH
According Bishop of Mannar, Rayappu Joseph, the people in Vanni are much
affected by the severe shortage of drugs caused by draconian restrictions
imposed by the Sri Lanka government.
In a report in January
2001, the International Committee of the Red Cross (ICRC) revealed that it had
transported 3807
patients by ship from Jaffna to
Trincomalee in 2000.
Due to the decade long economic embargo imposed to the Tamil
region, the hospitals in Vanni unable
to treat scores of people in the district bitten by rabid dogs because it has
no anti-rabies vaccine in stock.
In Vanni, most of the pregnant
mothers who make it to the hospital for childbirth are malnourished or
afflicted by disease.
Shortage of medicines plagues the Vanni regions, where thousands of
refugees continue to suffer. At a
meeting in Colombo on 12 November 2000, TULF MPs told Prime Minister that
despite approval of the Defence Ministry, army
officers have refused to allow medicines for two quarters of 2000 into the
Vanni and are holding them at Vavuniya (British Refugee Council, November 2000).
The government of Sri Lanka seriously
restricted medicine to Vanni area.
This restrictions have contributed to a general deterioration in quality
and quantity of medical care in the Vanni region (Medicine Sans Frontiers, 26
April 2000).
24
Medicine sans Frontiers (MSF) in a press release from
Colombo on 17 April 2000 called upon the Government of Sri Lanka to allow the
re-supply of urgently needed essential medicines to the northern region of the
country. The press release said “ The shortage of medications has become so
critical that patients are being turned away from hospitals and clinics without
receiving the necessary treatment. We are facing a situation where clinics and
hospitals have closed or are no longer accepting patients because
they cannot provide treatment for these civilians, many of whom are women and
children”.
British Refugee Council, Sri Lanka Monitor reported in
its June 2000 issue that Tamil civilians died without medicine. The report also said that 500,000 Tamil people in Vanni are suffering
due to the economic blockade of the Sri Lankan government.
The general situation of supply of medicine to
government hospitals in the Vanni
region further deteriorated in June, with MSF increasingly being forced
to resort to transferring patients to Vavuniya for treatments (UNHCR
November 2000, p. 10).
People have been exposed to risks of epidemics and war
related sickness; the capacity to deal with such situations has drastically
declined (Norwegian Refugee Council, November 2000). A key issue for a large proportion of IDP in the conflict areas,
and particularly in the areas under the control of the LTTE, is the restrictions imposed on the delivery of
supplies (Office for the Co-ordination of Humanitarian Affairs, July 2000,
p.104).
Fifty-eight per
cent of all infant and under five deaths are attributable to short gestation
periods, low birth rates, poor prenatal care
and acute respiratory infections (ARI).
ARI, Diarrhoea and malaria continue to be the greatest causes of
mortality and morbidity in the Northeast. Inadequate and irregular flow of
medicines and supplies constraints health care delivery services (UNICEF
Appeal 2000 Sri Lanka).
According to UN OCHA, “Displaced children in Sri Lanka
suffer unacceptable levels of ill-health, disease and hunger. There are no reliable figures for child
mortality among displaced populations, but the death rate is likely to be high
compared to the rest of the country because such children are denied access to quality healthcares, essential medicine
and an adequate diet”.
Sanitary conditions are extremely poor in the camps,
which are referred to as “welfare centre”.
Refugees say that in some camps cleaning
of latrines are irregular and may be causing disease (British Refugee
Council, February 2000).
In June 2000:
In July 2000:
25
December 2000:
Year 2000 -
290 Children at the Malavi hospital were born underweight
250 Children at the Puthukudiyiruppu hospital
were born underweight
020 Children died at Killinochi district hospital due to lack of medicine
160 Patients died at the hospitals in Vanni due to lack of medicine
150 Died
within 24 hours of admission
Ps. The
actual figures are higher.
MSF urges respect for the safety of civilians safety
caught in Sri Lanka fighting
Press release: May 16 2000, Colombo, Sri Lanka - The emergency medical organisation Médecins Sans
Frontières (MSF) today expressed grave concern for the safety and medical care
of the civilian population in Sri Lanka as a result of increased fighting in
the Jaffna peninsula and vicinity.
Recent attacks have resulted in civilian casualties. The location of
potential military targets next to health facilities further endangers the
patients and health personnel and may prevent the access of the civilian
population to medical care.
The free movement of civilians away from military combat areas should be
granted by all parties. The refusal to allow MSF and the Ministry of Health to
bring in sufficient medical supplies into the Wanni and Jaffna has made
treatment of such casualties especially difficult.
One of the military bases in Jaffna is located inside the old hospital
compound. Presently the boundaries of the military base is less than 15 meters
from the paediatric ward of Jaffna Teaching Hospital. Soldiers regularly go
through the hospital on their way out of the military base. The location of
other military installations in the peninsula are near displaced camps,
schools, health facilities and other places of civilian use.
Since May 9th night a curfew was declared in Jaffna and Chavakachcheri
Municipalities day and night, it has been lifted some days between 9am and
12pm. Since then and up to May 14th Jaffna Teaching Hospital was not functional
for lack of nursing and attendant staff. Only the doctors had passes to go to
the hospital. On May 14th, 60 to 70 passes were issued for health personnel to
go and work in the hospital. Although now Jaffna Teaching Hospital starts to be
operational again, the staff is still insufficient to provide minimum emergency
care to the population of Jaffna.
On the afternoon of May 12th, jets bombed the fishing village of
Pallikuda, near Pooneryn. Five members of one family died immediately,
including two children aged three months and two years. Doctors at Mallavi
Hospital provided treatment for eleven other victims of the bombing, including
four who required life-saving operations. Three of the total were children, one
of whom, age seven years, lost an arm. Further treatment was hindered by a
critical shortage of medical supplies, especially emergency surgical items, dressing
materials and antibiotics. Five patients needing post-operative care were
transferred to Vavuniya hospital, a difficult journey that takes at least six
hours.
According to local villagers, on the morning of May 13th, a boat with 5
fishermen was gunned in a known fishing spot South of Silivaturai (Mannar
District) by a Sri Lankan Navy (SLN) patrol. The five fishermen were recovered
by the villagers, the patrol of SLN approached the village coast and fired at
the village for 30 minutes approximately. Three people on the boat were injured
(one 72 years old one 54 and one 47) and brought to Murunkan Hospital and then
transferred to Vavuniya and Mannar Hospitals for surgery.
26
On the afternoon of May 15th, three or four shells landed in
Columbuthurai West killing five people and injuring six. On May 14th and 15th,
there were reports that groups of civilians who wanted to leave Jaffna town
were prevented doing so at military checkpoints.
Both parties have made appeal on several occasions for civilians to move
out of possible target areas, the LTTE for parts of Jaffna and the Sri Lankan
Army for major towns in the Wanni (May 15th) . Warning civilians of military
operations does not take away the responsibilities of the safety of civilians.
MSF also calls upon the Sri Lankan government to permit adequate medical
supplies into the region, to allow emergency civilian treatment to continue at
hospitals in rebel-controlled areas and to expedite the transport of these
supplies without further delay.
Since March, the transportation of medical supplies has been severely
restricted by the Security Forces. Over the last weeks, more than 40 patients
have had to be transferred or discharged without adequate surgical treatment
and more than 3,700 out-patients have been sent home without medication. (Excerpts from the press release of Médecins
Sans Frontières (MSF) May 16 2000, Colombo, Sri Lanka)
RIGHT TO EDUCATION
Access to education for the 270,000 displaced children is undermined by the recurrent
nature of displacement itself, which make it difficult for regular school
attendance. Other factors include
malnutrition, poverty, lack of teachers and unavailability of schools, which
are occupied by IDPs (Save the Children-UK, May 2000).
Schools and teachers in host communities are ill
equipped to accommodate the needs of large numbers of IDPs. Absenteeism is on the rise due to poor
nutrition and health conditions. School
buildings are often used to house refugees.
School dropout is vulnerable to exploitation and sexual abuse and eventually turns to unskilled labour to earn income
(UNICEF
APPEAL 2000 Sri Lanka).
Education for children is a primary concern of the
displaced persons. Education is an
irregular activity. When educational
facilities are available, they are often
overcrowded and inadequate for even basic educational activities (OCHA
6 July 2000, p.107).
Access to school undermined by indiscriminate attacks
on civilians, shortage of teachers, malnutrition, poverty and loss of birth
certificates. School fees or uniforms are used as excuses to exclude IDP children
from school. (Norwegian Refugee Council, November 2000).
In June 2000:
27
In July 2000:
In August 2000:
In November 2000:
In December 2000:
75 Schools defunct
More than 75 schools functioned at Thenmaradchchy are
now defunct due to the present war situation. The Zonal Education Department
for Thenmaradchchy is presently functioning at the Nelliayady Maha Vidyalayam.
Government Teachers serving in Thenmaradchchy do not have the facilities to
perform their duties as a majority of the schools are closed due to lack of
physical facilities. (Excerpts from "The Weekend
Express" - 8-9 July 2000)
RIGHT TO WORK
Sri Lanka army targets Tamil farmers in Batticola
District and beheads one (British refugee Council, August 2000). Sri Lankan
solders have shot dead one farmer and attacked another farmer with knives
before cutting his head off. The two
farmers had been working in a paddy field.
Since June 1990, the Sri Lankan offensive
continued almost without a break. Its
greatest causalities have been the tens of thousands
of subsistence level farmers, fishermen, labourers, traders, businessmen,
and public servants. The north suffers
from a government embargo on numerous goods and raw materials, such as
chemicals, fuel and fertilisers. Bombing and shelling have caused immense
damage to the infrastructure and physical fabric of the fishing, agriculture and
small industries.
28
In June 2000:
In July 2000:
In August 2000:
In September 2000:
In November 2000:
In December 2000:
29
COLONISATION
50% of the Tamil ancestral homeland was colonised by Sinhalese
(A few excerpts from "Sinhala Colonisation")
Since 1827 - Tamil and Sinhala populations in the Eastern
province
(Table is shown on a language basis)
Tamil Sinhala
Year Speaking Speaking
1827 99.24% 0.53%
1881 93.82% 4.66%
1891 93.89% 5.06%
1901 91.8% 5.05%
1911 93.4% 3.76%
1921 93.95% 4.53%
1946 87.8% 9.87%
1953 85.5% 13.11%
1963 79.25% 19.9%
1971 78.61% 20.7%
1981 74.4% 24.92%
After Independence from the British in 1948, the Colombo government
started implementing new legislation to requisition land and settle the Sinhala
population. The government put into place a scheme planned to reduce the land of
the Tamils and increase the land of the Sinhala population.
In its plan was the demarcation of borders intended to reclaim Tamil
land in order to benefit the Sinhala people.
Since 1827 - Tamil and Sinhala populations in
Batticaloa district
Table is shown on language basis
Tamil Sinhala
Year Speaking Speaking
1827 99.62% 0.00%
1881 93.27% 4.75%
1891 93.2% 5.21%
1901 92.34% 5.21%
1911 92.95% 3.74%
1921 93.12% 4.56%
1946 92.55% 5.83%
1953 87.64% 11.52%
1963* 95.6% 3.35%*
1971* 94.49% 4.49%
1981* 95.95% 3.21%
* In 1963, a new district of Amparai was carved out of
the Batticaloa district
Tamil and Sinhala population in Amparai district
Table is shown language basis
(Amparai district was created in 1963)
Tamil Sinhala
Year Speaking Speaking
1963 70.22% 29.34%
1971 69.47% 30.18%
1981 62.03% 37.64%
Those who were resettled under the government plan were looked after by
the Sri Lankan government. These Sinhala settlers were the troublemakers and
the government did nothing to control them.
30
During ethnic conflicts the Sinhalese brought armed thugs to chase the
Tamils away from their villages and the Sinhalese came and settled in these
Tamil areas.
Recently in the District of Amparai more than 300 Saivaite (in English -
"Hindu") temples were
damaged. The priest of the well-known Murugan Temple was driven out and replaced
by a Buddhist priest. Buddhists also control the nearby Buddhist
Temple.
In the Eastern Province in 1948 the Sinhala population was only 5% but
by 1995 it had increased to 24%. This is the result of the Sinhala government’s
planned resettlement of Tamil areas by Sinhalese colonists.
Since 1827 - Tamil and Sinhala populations in
Tamil Sinhala
Year Speaking Speaking
1827 98.45% 1.53%
1881 90.72% 4.21%
1891 91.44% 4.3%
1901 89.04% 4.22%
1911 90.54% 3.82%
1921 92.13% 4.38%
1946 75.09% 20.68%
1953 78.8% 18.22%
1963 79.25% 19.9%
1971 70.2% 28.8%
1981 65.38% 33.62%
In 1833 the
Colebrook-Cameron Commission allocated approximately
26,500 sq.km as the Tamil People’s Ancestral Motherland.
In 1901 when the
nine provinces came into being, the Tamil administration of the Northern and
Eastern Provinces measured approximately 19,100
sq.km Due to some of the area being incorporated into the Sinhalese
provinces the Tamil area had been reduced by approximately 7,500 sq.km.
After 1948 the government’s settlement plan deprived the Tamils of 7,000 sq.km. in the Eastern Province and 500 sq.km. in
the Northern Province. Although the Tamils protested, the Colombo
administration ignored the Tamils and settled Sinhalese in these regions.
Approximately 7,500 sq.km of Tamil land was plundered by the Sinhala Government’s Demarcation and
Resettlement Plan when it came into operation. This has been taking place over
the last forty years.
Before 1833, 25% of Tamil speaking people occupied 35%
of land, which was in their administration as Tamil ancestral homeland. In 1901
this area shrunk from 35% to 29%.
Within 162 years the Sinhalese government under its crafty Demarcation
and Resettlement Plan has plundered 50%
of the Tamil ancestral homeland and is still attempting to colonise more
and more!
(Excerpts from -
"SINHALA COLONISATION" submitted to the Fifty-sixth session of the UN
Commission on Human Rights by TCHR - "SINHALA COLONISATION" written
by K. Sachithanandan, Research officer -
Colombo Fisheries Corporation, Lecturer at the University of Jaffna,
Adviser to the United Nations on Food and Agriculture in twenty-three countries)
31
CIVIL AND POLITICAL RIGHTS
State of Emergency
27 years of emergency rule in Sri
Lanka
* The
Sri Lankan constitution (article 155) and the Public Security Ordinance (No 25
of 1947) empower the President to declare a state of Emergency.
* Emergency rule in Sri
Lanka has continues since 1971, except for brief intervals.
* From
independence in 1948, up to the end of June 2000, the island has been under
Emergency rule for 9,825 days (nearly 27
years out of 53 years of independence).
* The People’s Alliance
government re-introduced Emergency in October 1994.
The government declared that the country is in a "state of
war", and introduced Emergency (Miscellaneous Provisions and Powers)
Regulation No 1 on 3 May 2000 (Gazette No 1131/8), widening the powers of the
President and the security forces. The regulations were amended on 10 May
(Gazette No 1131/20) and 16 May 2000 (Gazette No 1132/14). These replace
Emergency regulations promulgated on 4 November 1994 (Gazette No 843/12).
The new regulations have heightened fears of Tamils in Colombo and other
southern areas. Press censorship under the regulations requiring prior approval
for war-related news was imposed on 3 May by the Censor.
The Newspapers banned under the Emergency regulations for nearly six
months :
1 - Uthayan ('Rising Sun' - The only newspaper in Jaffna)
2 - Sunday Leader (English weekly journal - Colombo)
3 - Irida Peramuna ('Sunday Front' Sinhala weekly - Colombo)
The Defence Minister or the Defence Secretary may order a detainee under
Emergency regulations or the PTA to be sent to a rehabilitation centre under a
Commissioner General of Rehabilitation. The consent of the detainee is not
needed and a number of detainees have been sent to rehabilitation centres. The
security forces must send a person who surrenders, to a rehabilitation centre,
after obtaining a written statement that he/she surrendered voluntarily.
Trials under the regulations are without a jury and conditional release
of a convicted person, permitted under normal laws, is not allowed. Confession or an incriminatory statement,
to whomever and wherever made, is admissible as evidence under Emergency
regulations. The burden of proving facts to reduce or minimise the weight
of such a confession or that it is irrelevant, will lie on the accused. Under
normal law (Evidence Ordinance), only a confession made to a magistrate is
admitted as evidence. A confession implicating another accused person in the
same offence, although inadmissible under normal law, can be evidence under
Emergency regulations. CIJL has stated that admissibility of confessions
encourages torture.
Emergency regulations in Sri Lanka have been criticised as falling far
below internationally accepted standards. Human rights agencies say restrictions
under the regulations go far beyond derogation permitted under the ICCPR. The UN Working Group on Enforced or
Involuntary Disappearances urged the Sri Lankan government in April 2000 to
abolish the PTA and Emergency regulations or bring them into line with
international standards.
Emergency context in North
and East Sri Lanka
A state of emergency remains in force throughout the country. No real
progress has been made towards a resolution of the ethnic issue. Since the beginning of 2000, military gains
over peace talks have been prioritised (BBC, 15 November 2000).
32
In May 2000, the President of Sri Lanka promulgated new emergency
regulations, which put the country on a “war footing”. Amnesty International has expressed serious
concerns about the new regulations and erosion of some human rights such as
right to life and the right not to be tortured (Amnesty International, 2000).
Intensified fighting from April 2000 trapped thousands of civilians in
conflict zones (Human Right Watch, 2001).
According to the report,
1 - Civilian’s
deaths and injuries on the Jaffna peninsula were reported in the hundreds
2 - In the
North and East, many conflict related deaths were the result of errant shelling
and gunshots
3
- Displaced persons and other Tamil civilians
in the north and east faced discrimination, restrictions on their freedom of
movement, arbitrary arrest, and custodial abuse at the hands of government
forces. Due to government restrictions,
Tamil civilians were often unable to reach work sites to earn a living, attend
schools, or seek urgent medical care.
4
- In eastern Sri Lanka, army and
police units continued to impose forced labour, demanding that IDPs and other
civilians work without pay building sentry posts, cutting wood and cleaning
military camps.
"New Emergency Regulations erosion of human rights
protection."
Some salient points from the July 2000 report
by Amnesty International on SRI
LANKA
Page 5: “The changes made to the Emergency
Regulations in May 2000, far from ensuring the regulations’ compliance with Sri
Lanka’s obligations under international human rights law, instead further erode
the protections they contain against human rights violations. They facilitate
torture and “disappearances”, violations of non-derogable rights such as the
rights to life and the right not to be tortured.”
Page 13:
“Prisoners held in the custody of their interrogators are most at risk
of torture.”
Page 16:
“The emergency regulations could be used to cover up illegal killings.”
ER 17 (p 8 ) Detention
in custody. Preventive detention: No court can object! It would appear
that the reason this was brought in was
to stop the fundamental Human rights cases which have been going through the
Supreme Court.
ER 18/19 (p
10,11 ) Investigative detention:
An arrested person can be kept in ANY PLACE for 90 days. Arrest can be
made by “any authorised person” this can be open to serious abuse. A Person
can be kept for 9 months without charge simply by police or armed forces making
an application to the court. The Court appears to have no discretion at all.
ER 20 (p 11,
12 )
“Rehabilitation” can be for up to 2 years. But regulation under which
issued (ER20A) contains no
timeframe. (Preventive and investigative detention can turn into a
Rehabilitation order)
The International Covenant on Civil and Political Rights (ICCPR) states in article 9(2) that - Prompt notification should be given as to
WHY a person is arrested. Those arrested should be brought to courts and trial
promptly. CLEARLY article 9 (2) of
the ICCPR is grossly contravened by ER20.
Further serious concerns:
- It is not a
legal requirement that places of detention must be listed! This clearly
increases the risk of secret detention
centres (p.12)
- The Reporting of arrests are not
required to any authority. This also facilitates secret detention centres (p.
13)
- No informing to close relative
required (p. 13)
- No separation of responsibilities for custody and
investigation (Such a separation of responsibilities has been recommended by
Human rights groups but has never been taken on board) (p.13)
- No requirement for magistrates to
visit detention centres (p.13)
-
No longer any obligation for
officers-in-charge of places of detention to furnish lists of detainees to
local magistrate to display on notice boards. (p. 13)
33
22 Years of PTA
In July 1979 the Prevention of Terrorism Act (PTA) was introduced in Sri
Lanka. The Prevention of Terrorism (Temporary provision) Act No. 48 of 1979
gives wide powers to the police and the Minister of Defence to arrest and
detain Tamils for a period of 18 months at a stretch without being produced in
courts. This Act gives a free hand to the Security forces to arrest, detain,
torture, rape, kill and dispose bodies with impunity.
Torture
"Torture has been banned by UN treaty since 1987… but since the
beginning of 1972 torture became a
major problem in Sri Lanka. Arrested People, especially Tamils are tortured not
just for information but because of who they are or what they believe". - TCHR
The sexual abuse of male detainees in Sri Lanka
Medico-legal reports were written by 17 doctors that
supported the allegations of tour in Sri Lanka made by 184 Tamil men who had
been referred between January 1997 and December 1998. During the interview and
examination, an assessment was made about the demeanour of the patient, and the
reliability of his history. 74 (40%) were aged between 25 and 30 at the time of
the analysis, so they would have been several years younger when they were detained
and tortured by the Sri Lankan authorities, principally the army. 25 (13%) were
younger than 25 when they were first seen at the Medical Foundation, 71 (38%)
were aged 30-40 years, and 14 (6%) were older than 40. There was no significant
difference in the proportion of each age-group who said they has been sexually
abused.
Of the 184, 38
(21%) said they has been sexually abused during their detention. Three (7%) of
the 38 said they had been given electric shocks to their genitals, 26 (68%) had
been assaulted on their genitals, and four (9%) had stick first pushed through
the anus, usually with chillies rubbed on the stick first. One said he had been
forced to masturbate a soldier manually, three had been made to masturbate
soldiers orally, and one had been forced with his friends to rape each other in
front of soldiers for their "entertainment".
Of the men who said they had been sexually abused, 11
reported being raped as part of that sexual abuse; this represent 5% of the
total number of men on whom reports were written.
Of the 184 men,
45 (24%) described a range of psychological symptoms that included difficulty getting to sleep, waking
with nightmares, jumpiness and irritability, behaviour to avoid being reminded
of the detention and depression. These are all symptoms of post-traumatic
stress disorder (PTSD). 29 (15%) men had many of the symptoms of PTSD, not
enough to be consistent with the full diagnosis. Of these only two (5%) gave a
history of sexual abuse. 43 (23%) of the men described disturbance of their
sleep as their, only psychological symptom. Of these five (13%) had a history
of sexual abuse. Two (1%) men were anxious, but had no other psychological
symptoms. 65 (35%) of the men said that they did not have any psychological
symptoms. Of these, ten (26%) gave a history of sexual abuse.
In the initial describing of the (female)
"rape-trauma syndrome", victims were said to exhibit one of two
styles, the "expressive" and the "controlled". In one study
79% of male rape victims were classed as "controlled"-calm,
controlled, or subdued. ("The Lancet" - vol. 355 -
June 10, 2000)
Deported Tamils face Torture
The Sri Lankan
government declines to disclose how many prisoners are held in its jails. Under the Prevention of Terrorism Act (PTA) and the Emergency
Regulations, people almost always Tamil people - suspected of involvement in
anti-government activities can be picked up and detained indefinitely.
The security forces conduct mass arrests and
detentions of young Tamils, both male and female. Hundreds of Tamils at a time
are picked up during search operations carried out by security forces. Tamils
claim that the arrests are a form of harassment directed against them.
Once in prison, Tamils are subject to various forms of
torture, ranging from beatings with poles to having their genitals squashed,
fingernails pulled out and being pierced through the anus with an electric
drill. Recently it is said that the forms of torture have become more subtle,
so that the effects are not visible. (Excerpts from "The Independent - 8 June 2000 - Published in United Kingdom)
(Please refer to
page 105 for summary)
34
Detention
Year 2000 - over 18,000 arrested under PTA-ER
14 February 2001 - More than 18,000 persons,
mostly Tamils, were arrested under the draconian Emergency Regulations (ER) and
the Prevention of Terrorism Act (PTA) last year said a senior human rights
worker in Colombo. "The press in Colombo reported 13,514 arrests under the ER and PTA from January to November 2000. More
than forty percent of the arrests under the ER and PTA are not reported by the
press here. So the real figure would be not anything less than eighteen
thousand," Mr. N. Kandasamy, co-ordinator for the Centre for Human Rights
and Development in Colombo said. At least 2,500
Tamils are being held in various detention centres now, according to him.
"They are all political prisoners" Mr. Kandasamy said.
"Not all those arrested under the ER and PTA are issued with
receipt of the arrest and all arrests should be reported to the Human Rights
Commission according to the law. But this is not the case", says Mr. N. Kandasamy, Co-ordinator for the
Centre for Human Rights, Colombo.
There are many unauthorised detention centres in many parts of the island. It
is required under the law to publish in the government gazette all authorised
places of detention. But not all places are gazetted and authorised under the
law, human rights workers say.
An average of 50 persons per day arrested under PTA-ER
in Sri Lanka !
Nine undergraduates arrested
COLOMBO, Jan 15 2001 (AFP) - Sri Lankan troops arrested nine undergraduates who were putting up
posters in a bid to pressure the military to reciprocate a truce called by
Tamil Tiger rebels, the government said Monday.
The students were taken into custody on Saturday and later handed over
to local police in the northern peninsula of Jaffna, the government's Special
Media Information Centre said in a statement.
Putting up posters against the government can be an offence under tough
emergency laws in force here but it is not clear if the students were taken
into custody under those regulations. The LTTE declared a unilateral one-month
long cease-fire from Christmas day and asked the government to reciprocate it,
a demand rejected by the authorities.
Military death squads return to Vavuniya!
" Vavuniya people fear that the dreaded white vans of (Sri Lanka)
military death squads have returned. Five civilians are reported abducted in
white vans. Vavuniya trader Kandasamy Karunakaran was abducted by unidentified
gunmen in a white van on 17 November, taken to Colombo and detained. He managed
to escape after five days and has reported his ordeal to the police in
Vavuniya.
Meanwhile, complaints have been made to the Human Rights Commission that
18 people, 14 of whom were arrested by security forces in November including 13
year-old S Thileepan, are missing. Five were from Vepankulam and Poonthottam
refugee camps... .... Subramaniam Kannan, 23, of Vavuniya, arrested by police
on 20 June alleges in a fundamental rights application to the Supreme Court
that he suffered severe torture for 42 days. At the time of the arrest he was
not informed of the reasons. He was handed over to the Army on 26 June and was
beaten repeatedly with batons at the 211 Brigade Army camp in Vavuniya. He was
stripped and given electric shocks.
The Army thereafter handed Mr Kannan over to the police Counter
Subversive Unit (CSU). His head was covered with a plastic bag dipped in
petrol. He was repeatedly assaulted and barbed wire was inserted into the
rectum. He was forced to sign a confession under torture in the Sinhala
language which he does not understand. Under Emergency regulations and the
Prevention of Terrorism Act, a confession made to a police officer is
admissible as evidence..." (Excerpts from British Refugee
Council - Sri Lanka Monitor November 2000)
Parliamentarian arrested
30 October 2000 - Leader of the Upcountry People's Front, Mr. Periyasamy Chandrasekaran -
Member of Parliament for the Nuwara Eeliya district was arrested at his home,
under the Emergency Regulations on 30 October 2000. He had been questioned by CID for more than 10 hours and then
taken to Colombo to the notorious fourth floor for further interrogation by the
police officials.
35
144 government run places of detention
The ICRC activities in Sri Lanka cover a wide spectrum
of humanitarian activities, such as :
Visits to prisoners held by all conflicting parties
which have recognised the ICRC's humanitarian mandate :
·
2,586 detainees were visited, in 144
places of in government run places of detention, in 1999.
(ICRC Fact
sheet - 26/1/2000)
(Please refer to
page 89 for summary of arrests AND
page 64 for list of detainees in
Kalutara prison)
Disappearances
Visit to Sri Lanka by
a member of the Working Group on Enforced or Involuntary Disappearances
(25-29 October 1999 - Excerpts from report :
E/CN.4/2000/64/Add.1)
18. On the basis of a
directive issued by the President of the Republic in October 1996, the
Secretary of the Ministry of Defence on 5 November 1996 appointed a Board of
Investigation into Complaints of Disappearances in Jaffna Peninsula. This Board of Investigation was chaired by
Mr. Bandula Kulatunga, a retired senior officer of the Sri Lanka Administrative
Service, and was composed of four high-ranking officers of the Army, Navy, Air
Force and the Police. It visited Jaffna
Peninsula several times and investigated a total of 2,621 complaints and
established 765 cases of disappearance.
On examining reports from police stations and detention centres and
after visits to these places of detention, the Board was able to trace 201
persons. It also established that 16
persons were dead, 14 of whom at the hands of the Security Forces.
21. On 11 August 1998, the
Commission submitted its first Annual Report, which covers the period from 17
March 1997 to 30 March 1998, to Parliament.
The report has, however, not yet been made available to the general
public. According to this report, the
Commission has received a total of 4,350 complaints, has visited 1,240 police
stations and 291 detention camps where it was in contact with a total of 3,444
detainees most of whom (3,325) were of Tamil ethnic origin. It investigated 842 cases of missing persons
and traced 219 of them. In Vavuniya,
out of 142 cases, 104 persons have been traced. In Jaffna, 16 persons were traced out a total of 325 cases. In Batticaloa 62 persons were traced out of
a total of 204 cases and in Colombo, out of 76 cases, 16 persons were
traced. The Human Rights Commission
could, however, not indicate whether any of the disappeared persons reported to
the Government of Sri Lanka by the United Nations Working Group were among
those traced by it.
22. During the period between
August 1998 and September 1999, the Human Rights Commission received 1,852
complaints against members of the armed forces and the police. A total of 1,122 persons were reported
missing during this period of whom the Human Rights Commission could actually
trace 648, i.e. more than half. In
Vavuniya, 251 out of 497 missing persons were traced, in Batticaloa, 274 out of
285. Again, the Working Group was not
able to check whether any of the disappeared persons on its list were traced by
the Human Rights Commission.
24. Members of the Human
Rights Commission also informed the Working Group that a total of 932 visits to
police stations and 380 visits to detention camps had been carried out from
January 1999 to September 1999; 2,315 detainees were visited, including
520 in Vavuniya, 476 in Jaffna, 462 in Anuradhapura and 202 in Batticaloa,
of whom 2,179 were of Tamil ethnic origin.
25. During the period between
1 January and 30 July 1999, a total of 1,278 arrests were reported to the Human
Rights Commission. Most of them
occurred in Vavuniya (792), Jaffna (125), Trincomalee (116) and Kalmunai
(94). Members of the Human Rights Commission also reported to the Working Group
that its Jaffna Regional Office is conducting relevant investigations on 277
cases of enforced or involuntary disappearances transmitted by the Working
Group to the Government of Sri Lanka.
According to the information provided, 16 persons had been traced
by that Regional Office.
* * *
August 2000 - Four villagers who went in a tractor to collect firewood in the jungles
of Maha Oya - 45 km south-west of Batticola town, were reported missing. According to complaints
made with the Batticola Human Rights Commission (HRC), five others who went
along with them had escaped and returned home, leaving behind the tractor, when
troops opened fire. On 22 August, two bodies of the four reported missing were
found in decomposed state in the jungles of Maya Oya.
November 2000 - Fifteen Tamils from Kopaveli, a village situated 30
km Northwest of Batticola town, who went to collect firewood in the forests
near Amparai border, have been reported missing by their relatives.
36
Sri Lanka: "Disappearances" on the rise
(31 August 2000 - AI Index ASA 37/027/2000)
In a letter sent to the President of Sri Lanka today,
Amnesty International urged investigations into an increasing number of
"disappearances" reported over the last two weeks in northern Sri
Lanka.
These "disappearances" have taken place in the context of a general
deterioration in human rights following the introduction of emergency
regulations in May 2000. The regulations increase the risk of secret detention
and "disappearances".
"Security concerns cannot justify
human rights violations. The Sri Lankan government must take action to prevent
further 'disappearances' and immediately investigate those that have already
taken place," Amnesty International said. (Excerpts)
Chemmani mass graves:
cover-up continues !
More than 600 people were reported missing during 1996 and 1997 after
the Sri Lankan army took control of the Jaffna Peninsula. Former Sri Lankan
Army Lance Corporal Rajapakse, testifying in the Krishanthy Kumaraswamy
gang-rape and murder case, in the High Court Colombo, on July 5th
1998, said that hundreds of men and women arrested by the army were killed and
buried in Chemmani. Subsequently threats were made on his life and against his
family to pressurise him to withdraw his statement.
Until now, only 17 bodies have been exhumed from the
Chemmani mass graves. This was only
after many delays and unprecedented international pressure from Human Rights
bodies. The government of Sri Lanka categorically denied permission for foreign
forensic experts to conduct investigations, despite strong recommendations from
the relevant UN bodies. Excuses such as not enough facilities were made, in
order to put a stop to the uncovering of more bodies. For the families of the
disappeared this has been a total sham.
On 21st February 2000, evidence in the Chemmani mass graves case was
displayed in Jaffna Central College,
for identification by members of the public who had reported their relatives
missing. Hundreds of people came between 8.00 am and 13.00pm, to find if any
objects which had been unearthed belonged to their relatives. The relatives of
Sumathy Sockalingam verified that a nose-stud and under-garment were identified
as belonging to her. According to the relatives, she had been abducted by the
Sri Lanka Army soldiers from her home.
On 22nd February 2000, Mr M. Ilancheliyan, the Jaffna Magistrate ordered the
police to arrest and produce fourteen police and army personnel who had
allegedly been involved with the disappearances of persons. He made the order
at the end of the proceedings regarding the identification of the remains of
fifteen disappeared persons exhumed from the Chemmani grave sites. Two persons
were identified earlier.
On 6th
March 2000 an article in the newspaper
Veerakesari, quoted the officer of the Criminal Investigation Division (CID) of
the Police in Colombo, as saying he had not received any document from the
Magistrate of Jaffna regarding the arrest of the fourteen suspects. The orders
were subsequently faxed to the CID in an attempt to avoid any further delay.
On 14th
March 2000 Jaffna Magistrate Mr M.
Ilancheliyan remanded three captains, a private of the Sri Lankan army and a
police constable in connection with the Chemmani case. Many relatives and
family of the disappeared were present. After being produced in court the five
suspects were arrested and then flown to the Sri Lankan army base at Palaly.
The five security forces personnel are:
Capt. Hewa Jayatillake
Lalith Thusitha Kumara; Capt. H.Gamage Athula Udyaya Kumara; Capt. Wijitha
Gamage Nimal Sasitha Perera; Private.S. Wijesiriwardena; Police Constable P.A
Samarawickrema.
According to legal
sources in Colombo, the arrest of the suspects had to be co-ordinated with the
Sri Lankan army’s military police.
On
20th April 2000 Major
General Janaka Perera was appointed overall Operational Commander for the
Jaffna Peninsula and Joint Chief of (Army) operations.
37
This was highly disturbing for the local Tamil civilians who could reasonably fear for their safety, as he was implicated in many of the disappearances and also in ethnic cleansing and shelling of civilian areas and torture.
Brigadier Perera, as he was at the time, was in charge of the area where the 600 Tamils civilians were reported disappeared. The murders were committed in different army camps in the vicinity and the bodies brought in truckloads to be buried in Chemmani. It has been re-iterated time and time again that such huge numbers of killings could not have occurred and the bodies buried without the knowledge of the Commanding officer. Several soldiers who testified in the case have themselves confirmed this. Soon after Brigadier Perera’s period in Jaffna in 1996 he was rewarded with promotion, as Deputy Chief of Staff of the Sri Lankan Army.
On 1st June 2000 The Magisterial inquiry relating to Chemmani graves
came up for hearing before Colombo Chief Magistrate. Initially the Jaffna
Magistrate's Court heard the case, but following an order by the Court of
Appeal, the matter was transferred to the Colombo Magistrate.
The Court of Appeal made this order after an application by the suspect
army officers that their lives were in danger in appearing at the Jaffna
Magistrate's Court for the case. The Court allowed an application by Senior
State Counsel seeking written authority from Court to enable a senior CID
Officer to proceed to Jaffna and bring the relevant case records presently
lying at the Jaffna Magistrate’s Court.
No massacre of Tamil civilians in the past has ever had an independent
inquiry.
(Please refer
to page 100 for summary and page 112 for annexe)
Summary executions
The incidence of extra judicial killings is far too numerous and far too
widespread in the North-East to catalogue or categorise. From indiscriminate
aerial bombings to secretive sniping, one comes across extra judicial killings.
Special rapporteur - Disappearances and summary executions
(Excerpts from
report, E/CN.4/2000/3/Add.1 - Sri Lanka)