Centre Tamoul pour les droits de l'Homme - CTDH

Centro Tamil para los Derechos Humanos

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Australia, Canada, Denmark, Norway, Switzerland, The Netherlands, United Kingdom

25,000 soldiers died, none missing in action

Death penalty will be reimposed 13 Brother & sister sentenced to death on 17 March 2003 Death penalty and new bill put security in jeopardy

Opposition back government decision to resume executions 14

7 civilians killed and 14 injured in Ampara 15

3 Tamil civilians killed in Trincomalee

Over 20,000 missing NorthEast – ICRC 16

12 Police personnel raped and tortured PTA suspect

STF personnel burnt down two shops 18

1371 children affected by malnutrition

Spread of Typhoid and flu in Jaffna

25,245 children in Vanni not attending school

Schools function with 50% of teaching staff

College Principal assaulted

Schools vacated by Security forces unusable 29

Thousands of protesters demand demilitarisation of school

Poor state of education in North East

Fifty four Jaffna schools laden with landmines 30

Religious intolerance (Please refer to Progress and difficulties – Page 35)

25,000 widows in Jaffna district 31

URGENT intervention requested by OMCT

Arbitrary arrest / Detention 56

Extra judicial killings / summary executions 57

Rape / Torture and others 58

UNICEF - 85 child recruits released to their families by LTTE 62

UNICEF officials negotiate with LTTE

17 March 2003

Dear Sirs / Mesdames,

Moving towards Peace after a long-standing conflict of twenty years is not an easy process. Our list entitled "Progress and Difficulties" point to some of the situations which are offering hope for a continuing concretizing of the peace process and also some of the difficult challenges which mitigate against the process. These latter range from actions of the Sri Lankan armed forces to statements by opposition parties and the President herself.

There is a reduction in incidents of gross human rights violations, due to the cessation of aerial bombing which consistently killed and maimed Tamil civilians for two decades. However there is a disturbing level of ongoing human rights violations due to the occupation of civilian buildings and residential areas by the armed forces, in the HSZ (High Security Zones). The situation of internal displaced people - IDPs hoping to return to their homes is still appalling in many cases.

The MoU (Memorandum of Understanding) clearly states that the first steps towards Peace must be normalization of life conditions for the people in the North East. The question of IDPs resettling without delay or fear is of paramount importance. After signing the MOU, it is bizarre to have HSZs, with security forces comprised of 99% Sinhala troops. Given the climate of fear and intimidation the same have created over years, and the numerous instances of persecution they have inflicted on the people, they are a constant reminder of past pain and suffering. The people should have the right to move freely without fear and harassment by Sri lankan security forces. It has to be said that since the MoU was signed 32 Tamil civilians have been killed.

It is very sad to note that the cases concerned with the political assassinations of Human rights defender Mr. Kumar Ponnambalam, Journalist Mr. Mylvaganam Nimalarajan and others have lost the focus of the present government! Maybe because these are assassinations of Tamils!

It would have been encouraging if, after waiting long years, there had been some justice for Tamil people through the courts in Sri Lanka with regard to the many massacres of Tamils in the past. Tamil witnesses have been obliged to travel far from their home areas, when court cases were transferred due to Sri Lankan soldiers’ demands – fearing for their own safety! Warrants have even been issued for the arrest of Tamil witnesses, too frightened to appear in courts, far from their homes, in hostile territory. A few security forces personnel identified by witnesses, have eventually appeared in courts. However, the result has been shocking. All Sinhala juries have decided that those accused are innocent and they have been discharged. Therefore, impunity reigns. This is an indictment on the legal system in Sri Lanka, where there is NO JUSTICE for Tamils!

In the Tamil homeland where the administration of the Liberation Tigers of Tamil Eelam - LTTE is in existence, there is a local legal system where people can bring their complaints and find justice, with regard to criminal and other cases. This is very much accepted and appreciated by the people in those areas.

Since TCHR was established our dedicated professional task in the field of human rights has had tremendous effect in the International arena. Those who are unable to face the information and facts that we publish are looking for various methods to humiliate the members of TCHR and the solidarity organizations, with their usual lies and bogus claims!

Their discouragement shown towards TCHR, in fact, always encourages our work and also makes us realize the importance of our contribution on behalf of the victims of human rights violations in the island of Sri Lanka.

Whatever obstacles are put in our way, we will continue to work until international standards are met in the field of human rights in the island.

We appeal to the 59^th session of the UN Commission on Human Rights, delegates, participants and civil society to seriously consider systematic human rights violations perpetrated against the Tamil people even while the peace negotiations are taking place between the LTTE and the government of Sri Lanka.

The importance of keeping a continuous close watch on the human rights situation in the island of Sri Lanka, is abundantly clear.

Thanking you.

The Tamil Centre for Human Rights – TCHR send its appeal to the Prime Minister Ranil Wickremasinghe asking why his government has ignored the murder of Kumar Ponnambalam ? Is it because Kumar Ponnambalam is a Tamil ?

Excerpt of the TCHR press release of 5 January 2003, is given below.

‘’Today, the 3rd death anniversary of prominent lawyer and human rights defender Mr. Kumar Ponnambalam is being commemorated all over the world.

‘’As your present Ministerial cabinet consists of a majority of lawyers and legal experts, we do not consider it necessary either to elaborate on the professional career of Kumar Ponnambalam or to remind you why and how he was brutally murdered in cold blood in broad day light in Colombo on 5 January 2000.

‘’Mr. Kumar Ponnambalam was a well known Human Rights defender, who defended not only Tamils detained under the Prevention of Terrorism Act (PTA) and Emergency Regulations (ER) but also Sinhalese detained under the same Act and Regulations.

‘’Sir, soon after Mr. Kumar Ponnambalam was murdered in Colombo, TCHR issued an Urgent Press release on 28 February 2000. We published the facts and background of his murder. Later, of course some news papers in Colombo published the same facts with more details and affidavits from Police officers dealing with his case!

‘’Since his murder, United Nations Special Rapporteurs and Experts in the Sub-Commission on the Promotion and Protection of human rights have raised their concerns in UN forums and with Sri Lanka Representives in Geneva. The latter continue to give the standard reply that his case is still under investigation in Sri Lanka!

‘’Many international NGOs have also raised concerns in the UN Commission on Human Rights and in the UN Sub-Commission on Human Rights.

On 15 August 2000, during the 52nd session of the UN Sub Commission on the promotion and protection of human rights, member and French expert, Mr. Louis Joinet, expressed his concern in a speech 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 discussed the matter with him, bringing to his notice these threats to Mr. Ponnambalam. Now, Mr. Ponnambalam's fears proved to be right and he is no more alive!".

Mr. Robert Evans MEP 07 January 2000 ’Tamil assassination a tragedy"

TCHR Press release 28 February 2000 "Assassination of Kumar Ponnambalam has clues but

The Island 05 July 2000 ‘’Kumar Ponnambalam defended Sinhalese’’

The Sunday Leader 11 November 2001 "Presidential guard organised murder of Kumar…"

The Sunday Leader 23 December 2001 "Chandrika's 'bloody' secrets in the house of

conspiracy"

The Sunday Leader 30 December 2001 "Kumaratunga cornered in Ponnambalam murder"

The Sunday Leader 30 December 2001 "We suspect the PA government"

The Sunday Leader 13 January 2002 "ACTC wants debate on Kumar"

‘’Sir, we can see the obvious reasons why the government then in power did not carry out any serious investigations into the murder of Kumar Ponnambalam! However, it surprises us, WHY YOUR GOVERNMENT which has been in power for more than a year, has not carried out any serious investigations regarding this murder! Is it because Mr. Kumar Ponnambalam is a Tamil?

‘’We, the Tamil Centre for Human Rights (TCHR) in solidarity with many other organisations, human rights activists and individuals concerned about the murder of Kumar Ponnambalam, submit the following kind requests for your urgent attention:

1 - To call for an immediate independent/impartial inquiry into the murder of Kumar Ponnambalam,

2 - To call for an explanation from the Police officers who have failed to investigate this inquiry,

3 - To investigate all those whose names appeared in newspaper articles in connection with the murder,

‘’We hope that you and your government will prove to the world that you are in favour of a truly impartial legal system, human rights without discrimination, peace, and peaceful settlement - for which you and your government were voted in by the people of the island of Sri Lanka.

2 August 2002 - The Jaffna Magistrate ordered remand for a member of the Eelam People's Democratic party (EPDP) in connection with the murder of journalist Mylvaganam Nimalarajan on 19 October 2000.

The police said the statement by a suspect who had been arrested in Trincomalee few weeks' back had led to the arrest of 'Batchcha'.

The suspect was produced before the Jaffna Magistrate R.T.Viknaraja who ordered him to be remanded till August 20.

The special investigation team of the CID conducted search operation in the Jaffna EPDP office.

According to Sri Lanka Broadcasting Corporation, very soon the CID is to submit a special report regarding the seizure of the weapon to the Jaffna Magistrate.

27 November 2002 - In a radical move to clarify the policy orientation of his organisation, Mr Velupillai Pirapaharan, the leader of the Liberation Tigers of Tamil Eelam (LTTE) declared that he would favourably consider a political framework that offers substantial regional autonomy and self-government to the Tamil people on the basis of their right to internal self-determination.

Enunciating the organisation’s policy in his annual Heroes’ Day address, the Tamil Tiger leader explained that the Tamil people want to live in freedom and dignity in their own historical homeland pursuing the development of their language, culture and economy and managing their own affairs under a system of self-rule.

‘Our liberation struggle has reached a new historical turning point and entered into a new developmental stage. We are facing a new challenge. We have ceased armed hostilities and are now engaged in a peaceful negotiating process to resolve the ethnic conflict. Our sincere and dedicated commitment to the peace process has falsified and demolished the propaganda campaign carried out by Sinhala chauvinists that we are enemies of peace.

Even on the issue of cease-fire, we took the initiative. We declared a unilateral cease-fire and called upon the government to reciprocate. The new government, which assumed power with a mandate for peace, reciprocated positively to our declaration of cease-fire. The mutually agreed cessation of hostilities came into effect on 23 February under the supervision of an international monitoring team. This cease-fire has been in force for the past nine months. There have been several provocative attempts by certain elements of the armed forces and anti-peace racist forces to disrupt the peace process. There were incidents in which several innocent Tamils were killed. Nevertheless, we maintained a rigid discipline and observed peace. This is a clear demonstration of our genuine commitment to the path of peace.

If a reasonable settlement to the Tamil national question could be realised by peaceful means we will make every endeavour, with honesty and sincerity to pursue that path. Our political objective is to ensure that our people should live in freedom and dignity in their homeland enjoying the right of self-rule. If this political objective could be realised by peaceful means, we are prepared to adopt that method.

We have never shown any disinclination to win the political rights of our people through peaceful means. We have participated in peace negotiations at different places, at different times in different historical circumstances i.e in Thimpu, in Delhi, in Colombo, in Jaffna, and now in Thailand. All previous attempts to a negotiated political settlement ended in fiasco. These failures could only be attributed to the hard-line attitude and deceitful political approaches of previous Sri Lanka governments. Now, the government of Mr Ranil Wickramasinghe is attempting to resolve the problems of the Tamils with sincerity and courage. Furthermore, the current cease-fire, built on a strong foundation and the sincere efforts of the international monitoring mission to further stabilise it, has helped to consolidate the peace process. The capable and skilful facilitation by the Norwegians has also contributed to the steady progress of the current peace talks. Above all, the concern, interests and enthusiasm shown by the international community has given hope and encouragement to both parties. The ideal approach is to move the talks forward, systematically, step by step, standing on a strong foundation of peace and building mutual confidence.

As a consequence of the brutal war that continued incessantly for more than two decades, our people face enormous existential problems. The social and political infrastructures of the Tamil nation are in ruins. The cities, towns and villages have been razed to the ground. Houses, temples and schools have been destroyed. An ancient civilization that stood on our lands for centuries has been uprooted. It is not possible for our people to rebuild their ruined social and economic structures. It is a monumental humanitarian problem. We hope that the international community will view the problem sympathetically. We are relieved to learn that international governments have come forward to assist the rehabilitation and reconstruction of the war damaged Tamil nation.

Though there is peace in the Tamil homeland, conditions of normalcy have not been restored. Under the cover of ‘high security zones’, the Sinhala armed forces are occupying residential areas and social, economic and cultural centres. Forty thousand troops are occupying Jaffna peninsula, which is a tiny geographical region with a dense population. The military occupation is suffocating the civilian masses and causing tensions. Jaffna, which is the cultural heartland of the Tamil people, has turned into an open prison. The occupying forces are using the civilians as their protective shields. As several villages, houses and roads are entrapped by occupation several thousands of internally displaced are unable to return to their residences. Unless this problem is resolved there is no possibility for normalcy and social peace to be restored to Jaffna.

It has always been our position that the urgent and immediate problems of our people should be resolved during the early stages of the peace talks. The former government of Sri Lanka rejected our position. As a result the peace talks broke down. There was a misconception on the part of the former regime that we were hesitant to take up the fundamental political issues and insisted on the resolution of the immediate problems. But the present government has been taking concrete actions redressing the urgent and immediate problems of our people. This is a positive development.

The objective of our struggle is based on the concept of self-determination as articulated in the UN Charter and other instruments. We have always been consistent with our policy with regard to our struggle for self-determination. Tamil homeland, Tamil nationality and Tamils’ right to self-determination are the fundamentals underlying our political struggle. We have been insisting on these fundamentals from Thimpu to Thailand. Our position is that the Tamil national question should be resolved on the basis of these core principles. Tamils constitute themselves as a people, or rather as a national formation since they possess a distinct language, culture and history with a clearly defined homeland and a consciousness of their ethnic identity. As a distinct people they are entitled to the right to self-determination. The right to self-determination has two aspects: internal and external. The internal self-determination entitles a people to regional self-rule.

The Tamil people want to live in freedom and dignity in their own lands, in their historically constituted traditional lands without the domination of external forces. They want to protect their national identity pursing the development of their language, culture and economy. They want to live in their homeland under a system of self-rule. This is the political aspiration of our people. This constitutes the essential meaning of internal self-determination. We are prepared to consider favourably a political framework that offers substantial regional autonomy and self-government in our homeland on the basis of our right to internal self-determination. But if our people’s right to self-determination is denied and our demand for regional self-rule is rejected we have no alternative other than to secede and form an independent state.

Racism and racist oppression are the causative factors for rebellions and secessionist politics. The Sinhalese people should identify and reject the racist forces if they desire a permanent peace, ethnic harmony and economic prosperity. They should support, wholeheartedly, the efforts to find a political solution by peaceful means. The Sinhalese people should not oppose the Tamils’ aspirations to manage their own affairs under a system of self-rule in their own homeland. It is the politics of the Sinhala nation that will eventually determine whether the Sinhalese could peacefully co-exist with the Tamils or to compel the Tamils to secede.

We are pleased to note that the talks between the government and the LTTE are progressing forward under the conditions of mutual trust and goodwill. We are encouraged by the interest shown by the international community in the peace process and their willingness to offer assistance to rebuild the war damaged economy of the Tamil nation. It is our deepest desire that the current peace talks facilitated by Norway should succeed and all the communities living in the island should co-exist in harmony. If the Sinhala chauvinistic forces, for their own petty political reasons scuttle this peace effort which has raised high hopes and expectations and gained the support of the international community, the Tamil people will be compelled to pursue the path of secession and political independence,’ Mr Pirapaharan declared.

The persistent refrain of those who are opposed to the peace talks is that the LTTE cannot be trusted.

The Tigers cheated the Sri Lankan government in 1990 and 1995 therefore they are sure to do the same this time too, assert the opponents of the current peace process. This is generally accepted by everyone in the Sinhala polity.

Towards this end, I would like to draw attention to some facts about the 1990 peace talks, reported and commented upon in the media at the time.

During the talks with the Tigers, the Premadasa government agreed in principle to repeal the Sixth Amendment to the constitution, to dissolve the Northeast Provincial Council, to hold fresh elections in the region and to desist from making deals with the EPRLF. For its part, the LTTE promised to steer clear of the SLFP and particularly the JVP, which was building up rapidly for an insurrection to overthrow of the government.

In fact the LTTE unwittingly prevented the fall of the Premadasa government by ‘clearing’ an otherwise inaccessible strategic point on the island’s northwestern coast through which the JVP was about to unload several shiploads of weapons in late 1989. The Sri Lankan state was also keen to rid the northeast of the Tamil National Army, which it believed could act in the long term as India’s pawn to gain leverage in the affairs of this country. The understanding between the two parties was that the sixth amendment would be repealed to enable the LTTE to contest fresh elections in the northeast after the dissolution of the Provincial Council there.

On the basis of this agreement, the Tigers went ahead and registered the People’s Front of the Liberation Tigers (PFLT) with the Elections Commission as a legitimate political party in Sri Lanka’s democratic mainstream. In doing all this, the LTTE assumed, on the basis of undertakings given by the Premadasa regime, that the government would stick to them as the main party on the Tamil side.

But almost a year went by and the government made no move to repeal the Sixth Amendment. And it was reluctant to dissolve the NEPC.

(The dissolution came about only when Perumal pronounced his intent to declare Eelam unilaterally in the face of LTTE forces sweeping through most of the northeast, knocking out his Tamil National Army everywhere)Later the Premadasa government opened a line of communication with the EPRLF; and there were reports that some ex-EPRLF members were training with commandos in Gonawela.

It can be argued now that the LTTE’s position vis-à-vis the Premadasa regime was quite unreasonable. But then, why did President Premadasa and his men create such understanding and give such undertakings to the LTTE during the talks? The LTTE naturally felt it was being taken for a ride, that Premadasa was shrewdly buying time on the question of the sixth amendment and the fresh elections.

Who was cheating whom during the 1990 peace talks? If one were to go by the number of instances in which one has been cheated to determine the probability that one may get played out again then the Tamils have greater reason to feel apprehensive about trusting the good intentions of the Sinhala state.

If Sinhala nationalists insist that the LTTE cannot and should not be trusted because it cheated the Sri Lankan state on two occasions in which negotiations were held for a settlement, then by the same yardstick the Tamils or for that matter the LTTE have much greater reason for not trusting the Sinhala polity on the matter of finding a solution to the Tamil problem.

If the Sinhala state was cheated twice and feels it is very good grounds for mistrusting the Tigers, the Tamils can say they were duped at least 11 times by the Sri Lankan state. They were taken up the garden path in 1959 (Banda – Chelva Pact), 65 (Dudley – Chelva Pact), 72 (Constituent Assembley), 77 (All Party Conference), 81 (District Development Councils), 1985 (Thimpu), 1991 (All Party Conference) 1993 (Mangala Moonesingha Select Committee), 1995 (Chandrika’s proposals), 2000 (Chandrika’s proposals II) and 2001 (Operation Agni Khiela).

It is important to look at this aspect now in devising strategies for strengthening the trust that has helped the progress of the peace talks between the LTTE and Prime Minister Ranil Wickremesinghe’s government so far. (by D. Sivaram – excerpts from Northeastern Herald, Sri Lanka – December 20-26, 2002)

In fact, not only the LTTE but also almost all the Tamil parties had consistently espoused the idea of self-determination for the Tamil-speaking people of this country. I mean in this context self-determination of the Tamil-speaking people of the Northeast. When I say this, one must be reminded of the different interpretations given to the concept of self-determination in the political science and legal discourses. However, it is the LTTE that has been continuously engaged in an armed struggle for achieving this right. The LTTE has never concealed the fact that its fight is for the right of self-determination. In this regard, it has even made reference to the Vaddukkoddai Resolution of 1976.

As such, the demand for the right to self-determination for the Tamil-speaking people of the northeast is nothing new and it was not the LTTE that originally propounded this idea as a solution for the ethnic conflict in this country.

But it is the LTTE that came forward to successfully carry the mantle throughout these years. It has been a curse in the political arena of this country that whenever one speaks of equal rights, self-determination or autonomy, it is interpreted as a demand for a separate state or those who advocate these rights are branded as separatists.

A plain reading of what Balasingham said at the press conference makes the picture very clear in that the armed struggle of the LTTE is not for anything else but for the right to self-determination of the Tamil-speaking people of Sri Lanka (Balasingham has cleared some doubts over this). By referring to the traditional homeland and self-determination he has given the correct picture of what the fight is going to achieve. For self-respect and to get all the opportunities to realise one’s own potentialities one does not need a separate state. But, the denial of these would definitely lead to separation, as there wouldn’t be any other alternative to pursue.

The right to self-determination can be realised in many ways.

There are a number of mechanisms available, which can be made use of in devising and ensuring effective enjoyment of this right. However, the Tamil -speaking people of the northeast of Sri Lanka cannot afford to forego their right to decide their political destiny. At the same time, we should also be mindful of the fact that there have been instances in which a state accepted the principle of secession and entered into negotiations.

In 1962 for instance, Britain recognized the right of Nyasaland (later Malawi) to secede from the Central African Federation. In Malaysia-Singapore, the normal situation was reversed and the terms of secession were presented to Lee Kuan Yew by the Malaysian government. When it happened in Sweden by 1905, despite some ministers’ advocacy of war, the Swedish cabinet decided to proceed with peace talks allowing Norway to depart following the Storting vote. (by V. T. Thamilmaran - excerpt from Northeastern Herald, Sri Lanka – 27 September – 03 October 2002)

The most difficult thing for me to accept was the manner in which we have destroyed our own country for whatever the reason may be. Chavakacheri town stand out as the symbol of that war - the reality that war desires to destroy and not construct. The myth that war can bring about peace or that we have to first destroy the enemy to create peace is what kept the Sinhala society and the State enmeshed in the massive destruction of the North and East of our country. Did this part of the country be ever loved by us? When one sees the manner in which schools, houses and buildings being destroyed in this manner it seemed to me that the State never envisaged these areas to be part of Sri Lanka.

It was as if the State was trying to annex another part to Sri Lanka.

Today in Thailand the LTTE has shown the whole world the futility of the war carried out by a psyche which sort to subjugate a people by war. The aspiration of any people cannot be subjugated by weapons. Neither weapons can give us the aspiration. May be one might concede that the confrontation raises the issue to the political level like it did in Sri Lanka. But finally it is the political process that paved the way for a resolution. The acceptance that self-rule for the Tamil people within one Sri Lanka that brought the smile to the faces of all Sri Lankans today.

'We do not need those boots in this land'. 'We will have a child after peace dawns on us' these words of Dileepa in Maniratnam's poignant story 'Peck on the Cheek' bring to us the hard reality of the ethnic conflict in Sri Lanka. War and peace in Sri Lanka is also about children like Amudha - the refugee girl coming in search of the mother to the Subramaniam park in Jaffna. Amid the discussion of power we cannot lose sight of the human lives devastated.

The signing of the MoU was the first recognition of the suffering of the people and that suffering should end. MoU's can be signed only by human beings who recognize humanity - MoU can be accepted by only those who value human life.

We have seen efforts made by the JVP and the President to twist the course of history in this country. As a woman political activist and as a mother I am ashamed at this gimmick. Press statements retracting statements will not fool anybody. This war should have been ended by Chandrika immediately after the confrontation in Mulathivu in early 1996. She is a woman and a mother. She could have come before the nation and the international community to state that she will not allow any of her children to die in this manner. At that time with her mandate even the LTTE would have had to come into negotiations.

As a woman President she could have taken the initiative boldly. But she began her Margaret Thatcher politics, she gave way to male political imagineries to be the ruler rather than the mother and the woman for peace. All women in Sri Lanka should be happy that there is peace. That we no more live with the fear of bomb explosions, disappearances and assassinations. If one reads the book 'Politics of Duplicity' by Anton Balasingham the core issues related to the failure is further exposed.

What will be the contribution of the LTTE and its leadership in such a process is the crucial issue. In the South, JVP has failed miserably as a youth leadership to address such a political challenge. Will LTTE be able to transform itself to meet this historical political challenge facing them?

Women in general have kept the social fabric together in Sri Lanka during this conflict. Especially women in the North were the main sustenance in that society torn with grief and loss. Women cadre of the LTTE have played a role unparallel to any other such movement. According to available statistics about 48,000 widows remain in the North and East. There are women who also need psychological assistance. Further in the South there are the widows of the soldiers. The cases of women raped, Krishanthy and Sard.hamma (Sarathaambaal) come to my mind. Will we be able to give them justice? Could we be capable of transforming this statement of a Tamil woman "Instead of dying screaming being raped by an aggressor army, it is a relief to face the army with your own weapon", and create a new social order.

Peace agreements are usually made predominantly if not exclusively by men - both the protagonists from the conflict and the mediators are usually male. Often women are excluded from their processes. While women are clearly involved in the violent struggles the world over. Leaders of armies whether state or non-state are usually men. Let's hope that Sri Lanka will be able to create history by including more women in this dialogue as we move on. Peace has to be placed in the context of the larger democratic agenda, which should not be lost sight of despite the severity of conflict and the urgency of conflict resolution.

There is a complex and close relationship between a sustainable peace process and the democratic process. These are three aspects to this relationship in which democracy is a component of peace, is a value in the struggle for peace and requires the democratization of the peace process. In the democratization of the peace process, there is the need for consultations with caring sectors of society. Important though they are, peace accords are only a part of the peace process. While two parties sign the accord, the peace process involves many actors and agencies.

COLOMBO, Aug 22 (Reuters) - U.S. Deputy Secretary of State Richard Armitage flew into the Tamil heartland of Jaffna on Thursday and said he would push hard for a negotiated end to Sri Lanka's two-decade civil war.

The Jaffna peninsula is the cultural homeland of Sri Lanka's Tamils and the scene of many bitter battles since war broke out between the government and the Liberation Tigers of Tamil Eelam (LTTE) in 1983.

"The United States government has expressed its strong support for the existing ceasefire agreement and for the recently announced upcoming talks between the government of Sri Lanka and the LTTE," Armitage told reporters.

"It is a keen reminder that enough is enough," Armitage said after passing through Chavakachcheri, a town pounded to rubble two years ago in the most ferocious artillery battle of the war.

"Seeing what you have seen here is all the encouragement one needs to push as forcefully as we can (to end the war)," said Armitage, the highest-level U.S. official to visit Sri Lanka since Secretary of State John Foster Dulles in the 1950s.

"It is up to the government and the LTTE to resolve their differences peacefully," he said.

Armitage said U.S. President George W. Bush wanted him to visit Sri Lanka after Wickremesinghe's trip to the White House last month.

U.S. officials have said they support Wickremesinghe's peace efforts, which included signing a Norwegian-brokered truce in February and the easing of economic sanctions on areas controlled by the rebels.

At least 25,000 personnel of the Sri Lankan armed forces had been killed during the two decades of fighting and no one categorized as Missing in Action is in LTTE custody, chief negotiator Dr. Anton Balasingham told a news conference at the end of the fourth session of peace talks here.

He said many soldiers, who were killed had been listed by the army as missing in action.

"On several occasions we found hundreds of bodies after a battle. We wanted to hand them over to the army through the ICRC. We are sorry to say they refused to accept the bodies," Dr. Balasingham said.

"The previous government had told the people in the South that thousands of prisoners of war are under LTTE custody. We have officially told the ICRC that we don't have prisoners," he said. Dr. Balasingham also said the LTTE had lost nearly 17,500 cardres during the battles and there were a large number under government detention, about 400 of whom were released recently.

Government's chief negotiator G.L. Peiris, who refused to comment on the numbers, said that they would seek ICRC assistance to look into "involuntary disappearances".

Dr. Balasingham also disclosed that LTTE leader Velupillai Prabhakaran would give a reassurance to UN special envoy Olara Otunu that they would not recruit children.

"The LTTE is not recruiting anyone under 18 years of age. Any underaged person would be handed back to the parents. It is true that there were a few cases. Out of poverty young people come and join us. There are no birth certificates in the Wanni. That is also a problem," Dr. Balasingham said.

He revealed there were about 20 LTTE run welfare centres where they gave vocational education to young people. The LTTE was seeking funds from international groups to run those centres and Political Wing Leader S. Thamilselvan would meet UNICEF representatives soon to discuss the matter. Referring to the LTTE's stand that the decommissioning of weapons and disarming cadres at this stage were non-negotiable, Dr. Balasingham said that it would be suicidal for them to give up their war machinery without reaching a final settlement.

However, he said there was no need now to resort to war or violence and the LTTE cadres were confined to barracks.

"There are disagreements which we want to sought out by dialogue. The LTTE joined the peace process sincerely. Nothing secret about it. There is no secret agenda," he said.

Minister G.L. Peiris told the media conference there was no intention to repeal the Prevention of Terrorism Act, but the parties were working on other forms of legislation.

When asked about a possible truth and reconciliation commission like in South Africa, the minister said it was not the only instrument. Soon after the talks government negotiator Milinda Moragoda flew to New Delhi to brief Indian leaders on the developments.

The facilitator Norway issued a statement that the four days of talks were frank and constructive while the two parties had reaffirmed their pledge to sustain the peace process despite problems. (Daily Mirror – 10 January 2003)

Minister John Amaratunga recently visited the gallows at the Welikada prison to inspect the conditions there.

The last man to be hanged there was from Tissamaharama in 1976. The noose had deteriorated and the rope used had to be imported as it was a type that was unavailable in Sri Lanka.

It appears that some members of the Cabinet including Interior Minister John Amaratunga (who is incidentally minister of Christian religious affairs too!) have expressed their support for the re-imposition on the grounds that it would be a deterrent to violent crime.

Meanwhile, it is learnt government is planning to introduce legislation that will permit certain draconian provisions contained in the PTA, which is special legislation, to become part of normal law. Normal law today provides for suspects to be detained for only 24 hours before being produced before a magistrate, whereas

the PTA allows them to be held in police custody for up to seven days. The PTA also allows confessions to be admissible as evidence without corroboration (though there is a recent judgement against it), which normal law does not. These two provisions are expected to become part of the architecture of normal law of this country through the Prevention of Organised Crime Bill, which is now being drafted.

It is not the intention of this writer to look into the morality of taking life for a life or into the suggestion that the death penalty has been unsuccessful in curbing crime in other countries. The question that has to be examined is whether if the death penalty is re-imposed it will be used on those convicted for crimes under the PTA or the new Prevention of Organised Crime Bill, if it becomes law. It is bound to be because murder and conspiracy to murder are crimes that usually carry the death sentence.

One of the basic defects in the PTA – why it is considered as failing to conform to international human rights standards – is because it makes admissible as evidence confessions made to a police officer not below the rank of an ASP, without any corroboration of such evidence. This has led to confessions to be extracted from suspects in police stations through torture, which is used against them in court. What is more, the PTA has been selective in its past applications. Except for its extensive use in the late 1980s as a counterinsurgency measure against the JVP, it has been used almost exclusively against Tamils.

There are important landmarks in the judicial history of the United Kingdom too that reiterates the havoc caused by a state hell bent on using the law for securing illegal convictions as the PTA does in Sri Lanka.

In Sri Lanka however, the legal system has been decried for its conservatism. Despite consistent evidence emerging of the use of torture to fabricate evidence, except for blistering judgements delivered by Court no effective way of curbing this atrocious practice has been launched. Similarly, forensic evidence on which magistrates in the lower courts place great faith – especially in deciding if there is a prima facie case – is tampered with by the police who coerce doctors to refrain from disclosing what they know. Finally, the jury system is found wanting in that the jury in the Mylanthanai trial went completely against the evidence led in court and acquitted 18 soldiers against the wishes of the judge.

It is frightening to contemplate the re-imposition of the death penalty when such grave shortcomings exist in PTA and the alarming possibility of the more obnoxious sections of this legislation passing into normal law through the Prevention of Organised Crime Bill. Despite the travesty of justice in the case of the Guildford Four, the Birmingham Six and many others wrongly convicted for IRA bombings in the 1970s, the fact the convicted were still alive allowed the sentences to be reversed. In fact Paul Hill one of the Four was to comment much later to the press, "I think the most poignant thing was that the judge expressed regret that the death penalty was not an option."

It appears the government is trying to introduce measures such as the death penalty and the Prevention of Organised Crime Bill under the guise of fighting violent crime that is rampant Sri Lanka today. However, in the process basic human rights safeguards that should be afforded to a citizen, which are ensured by international legal instruments to which the Sri Lankan State is party, will be compromised.

Sri Lanka is a signatory to the International Covenant on Civil and Political Rights, where under Optional Protocol II, States give an undertaking they will not introduce the death penalty or if they do carry out capital punishment would progressively move away from its execution. Sri Lanka it seems is moving the other way. (excerpt from Northeastern Herald – 28 February – 06 March 2003)

The full text of the press release from the Press and Information officer, Sri Lanka Monitoring Mission (SLMM) follows:

"Seven people tragically lost their lives and fourteen people were injured when a large crowd of people forcefully entered the Kanjirankudah STF (Special Task Force of the Sri Lanka Police) camp south of Thirukkovil shortly after 17.00 on Wednesday. A demonstration of an estimated 500-1000 people crowd outside the camp got out of control when the crowd broke through the main entrance and a barbed wire fence and entered the camp. According to the STF officer in command of the camp, the members of the crowd were throwing stones, burning tyres and shooting with firearms. The STF used teargas and fired rubberbullets at the crowd and eventually fired at the people with live ammunition.

SLMM Monitors arrived at the camp before 20.00 and found three bodies inside the camp and one body 5 metres outside the camp's fences. SLMM findings indicate that these 4 people had lost their lives exactly where their bodies were found. After initial examination it was thought that one of the dead persons was a member of the LTTE, due to his clothing. However, now it is thought that this person was a civilian, as his clothes were only similar, but not the same as the LTTE cadres frequently wear. SLMM Monitors observed that most things that could burn on the outside of the camp were still on fire at that time and tyres were still burning inside the camp. Communications SLMM Monitors in Ampara district have confirmed that seven people from the crowd died during and after the attack on the STF camp. Furthermore, fourteen people are confirmed as injured and are in Hospital in the town of Kalmunai.

According to a medical officer in Kalmunai Hospital seven of them have bullet wounds but all are expected to be discharged in 2-3 days. Today, unidentified members of the public have establish some roadblocks with burning tyres in this area on the East Coast. The situation has remained very tense but so far without violent incidents. The Officer in Command of the STF camp has stated that there were LTTE members from the Rufus Kulam camp in the attacking crowd. SLMM has no evidence of this at this time and nothing indicates that the LTTE leadership knew of this attack beforehand.

"This is a tragic event and extremely sad loss of lives" says Major General Trond Furuhovde, Head of SLMM. "Because of an uncontrolled demonstration people are now griefing their loved ones. During only one night, Hope and Reconciliation is turned into fear and uncertainty.

Two Tamil civilians have been shot dead and several others wounded by Police firing at Anpuvallipuram junction, northwest of Trincomalee. One person is reported to have been killed by Sinhala home guards.

"All the victims in the violence that erupted in Trincomalee are Tamils and not from other communities. This clearly shows who is responsible for the violence now unleashed in Trincomalee," Mr. R. Sampanthan, Tamil National Alliance leader and the Trincomalee district parliamentarian told the Prime Minister Mr.Ranil Wickremasinghe.

Members of the State armed forces are all from majority community. If the violence against Tamils is not brought to a halt, Tamils will lose confidence on the state armed forces that they are one sided," Mr. Sampanthan stressed to the Prime Minister.

Colombo, Feb.19. (UNI) - The International Committee of the Red Cross (ICRC) said it was currently working in tracing several thousands of missing persons, both civilians and combatants, during the prolonged war in the country's North East region.

Marco Brudermann, Sri Lanka's head of delegation to the ICRC, said at a press conference that both the government and the LTTE rebels had agreed to approach the ICRC to help them in setting up an 'Independent Verification Mechanism' to ascertain the fate of thousands of civilians and combatants, who are still missing.

He said the ICRC over the past 12 years has received over 20,000 cases of missing persons.

"Some 11,000 tracing requests are still unresolved, about 2,200 have been confirmed missing. The ICRC is currently working on the remaining 8,800 missing cases and will continue its tracing work in the country until all the families are provided with an answer."

Commenting on the setting up of 'Independent Verification Mechanism', Brudermann said the issue had been discussed even during the last round of peace talks in Berlin.

"But it has not been set up yet. It will be set up, hopefully, in the coming weeks or days," he said.

He said the ICRC, making use of its past experience, has given its suggestions as an outline to the proposed mechanism.

"But it is up to the parties concerned to work it out and produce results," he said, adding they were merely 'suggestions' for the parties to consider and 'not conditions' to establish such mechanism, which could help the process of reconciliation in Sri Lanka.

Over 650 Tamil youths are still missing after the military recaptured the Jaffna peninsula in 1995 with the Operation codenamed Riviresa.

23 September 2002 - The medical report to the Eastern High Court in a Prevention of Terrorism Act (PTA) case revealed that twelve police personnel had raped Sathasivam Rathykala, aged 28, at night at the Polonaruwa police station on 24.11.2000. The report was submitted by the Batticaloa Judicial Medical Officer (JMO) to the Eastern High Court on September 18. The JMO in his report has recommended that counselling and rehabilitation should be provided to the suspect in consultation with a psychiatrist as the victim has suffered acute mental trauma.

Sathasivam Rathykala is still in Batticaloa prison and the inquiry has been postponed for a later date by the eastern High Court.

Ms Rathykala was arrested under PTA by four police officers from the Medigiriya police station on 24/11/2000 around 12 noon at the Polonaruwa general hospital where she was an attendant. The police suspected that she was a member of the LTTE.

She was later detained at Anuradhapura and Welikada prisons. Finally she was transferred to Batticaloa prison on 23/07/2002. At the time of arrest she lived with her parents at No 23, Shory Street Mannampitiya in the Batticaloa district.

The Eastern High Court ordered the JMO to examine the suspect woman and submit report when the defense pointed out that the suspect was subjected to severe torture by the Police while in custody.

"The suspect Ms Rathykala was produced before me for Medico-Legal examination around 3 p.m. on 30/8/2002 in the JMO's office acting on the order of the Eastern High Court Judge. Her father is a farmer and she is the eldest child. She joined as a hospital attendant in the Polonaruwa general hospital on 24/08/2000," said the medical report signed by the JMO, Batticaloa district, Dr.S.Chandrapalan.

The medico-legal report of the JMO, Batticaloa district further states: -

History given by the suspect:

She was arrested by four male police officers from the Medigiriya police station on 24/11/2000 around 12 noon when she was on duty. She was then taken to CID office in Polonaruwa in a police jeep. While in jeep she was scolded by policemen in filth and was threatened that she would be killed. One policeman stamped on her right foot forcefully with shod foot.

At about 12.30 p.m. she was handed over to the Polonaruwa CID office. There she was detained for two days. Thereafter she was produced before a doctor in Polonaruwa hospital. At that time they did not assault her. Later she was detained in the hallway till about midnight and was interrogated whether she was a member of the LTTE.

The police officers forced her to remove her bra and panty. She begged and pleaded with them not to harm her. The police officials then threatened her that she would be killed and her body would be disposed after cutting her neck. Subsequently one by one twelve police officers had sexual intercourse with her until next morning 5 'clock. As a result she had many scratch marks on her breasts. She also had severe abdominal pain. She was given two tablets to swallow which she identified as contraceptive pills.

The next day morning she was taken to her village in a police jeep and was asked her to show the members of the LTTE. She was blindfolded and the arms tied on the back. She denied having contacts with the LTTE. She was then handed over to the Kaduruwela Police on 26/11/2000. There she was detained for about a month. For the first ten days she was not allowed to take bath. Police officials there did not assault her but continuously questioned her.

She was taken to Magistrate on 29/11/2000.She was later handed over to the Anuradhapura prison and remanded there for about a month. She was then transferred to Welikada prison on 3/2/2002. Finally she was transferred to Batticaloa prison on 23/07/2002 and up to now she is detained at Batticaloa prison."

The suspect Ms Rathykala was referred and examined by Psychiatrist Dr.M.Ganeshan on 11/9/2002 in the psychiatric unit in the Batticaloa Teaching Hospital.

Dr.Ganeshan has reported that she has sleep-disturbances with nightmares. She has depression with suicidal ideation. Her appetite is poor. She has intrusive memories and avoidance stimuli, which bring back memories of torture. Finally Dr.Ganeshan concluded that she is suffering from post traumatic stress disorder. He recommended counseling and treatment.

The Batticaloa JMO Dr.Chandrapalan in his report said:

"She appeared depressed and has intrusive thoughts. In addition she has suicidal ideation. She has revealed in her history the manner she was tortured and sexually assaulted by the Police officers in the CID office while under their custody.

"There is medical evidence of scars resulting from physical abuse. There is medical evidence of forced physical intercourse. She is suffering from mental trauma. Interrogation and bodily examination on her were performed throughout by male policemen. She was not provided a matron while she was in the police custody.

"In my opinion, the age of the scars as described are could be more than six months from the time of infliction, which is consistent with the history given by the suspect. Some scars are consistent with injuries caused by the live cigarette butts. Scars on the breasts are consistent with nail scratches from violent handling of the breast during sexual assault. Some of the scars in the breast are consistent with the injuries resulted from lighted cigarettes. Penile penetration by the erect adult penis was possible as it is consistent with the history of sexual assault given by her. It was possible that she was unclothed before the perpetrators sexually, physically assaulted her. Since she has mental trauma and has a suicidal ideation the counselling and rehabilitation are necessary with the consultation of psychiatrist, and for the treatment too. Her menstrual regularizes and lower abdominal pain could be due to the chronic stress that resulted from cumulative effects of the torture she underwent," said JMO Dr.Chandrapalan in his medico-legal report to the High Court.

30 October 2002 - In Pottuvil, two shops owned by Tamils, were burnt down by suspected Special Task Force - STF personnel in Kanchirankuda at 1.00 a.m. These shops were located at Pottuvil main junction, only few hundred meters away from Kanchirankuda STF camp in Ampara district.

The shops owned by Subramaniam Krishnapillai (50) and Rasiah Chandrakumar (50).

According to one of the shop owner Mr. S. Krishnapillai, he lives near the shop and when he got-up at midnight he saw his shop was on fire.

When he rushed to the spot with his wife, he saw about ten persons wearing trousers running away from the scene!

According to Mr. S. Krishnapillai, two days before the incident, LTTE photographer has interviewed him regarding the Kanchirankuda killings and he has told every thing that took place at Kanchirankuda.

Mr. Krishnapillai also said that since one of his daughters has joined the LTTE the STF personnel at Kanchirankuda have been monitoring his activities with suspicion.

Several times in the past, the STF personnel have requested him to make a complaint to the SLMM stating that the LTTE had forcibly conscripted his daughter. But Mr. Krishnapillai has told the STF personnel that his daughter joined the LTTE voluntarily. From then onwards STF personnel do not pay for the goods that they buy from his shop.

This incident has been brought to notice of the Sri Lanka Monitoring Mission and the Officer-in-Charge of the Akkaraipattu Police.

23 May 2002 - More than ten thousand students from 52 schools in the Thirukkovil education zone, south of Batticaloa, marched and demonstrated against the Special Task Force - STF. Angry protestors who came out in support of the students blocked traffic of the main road on the island's southeast coast by burning tires at key junctions between Neelavanai and Akkaraipattu. The market and shops were closed in Kalmunai, the main town of the region, south of Batticaloa. The STF shot and wounded a student during a demonstration in Thirukkovil .

17 August 2002 - A twelve-year-old boy Osmanraj Prakashraj was seriously wounded when an unidentified object exploded in Punkankulam in Ariyalai, Jaffna peninsula. The explosion took place when the boy had set fire to the garbage collected in the surrounding of the area. Prajashraj, has been admitted to the Jaffna teachiching hospital.

18 October 2002 - According to the fisheries co-operative, two young Tamil fishermen were assaulted by a Sri Lanka Army soldier from 52-4 Brigade manning a sentry in the coastal village of Katkovalam in Vadamaradchi.

According to a complaint made at the 52-4 Brigade HQ, the fishermen were assaulted when they were going to sea passing the army check point at Katkovalam.

Tamil journalists yesterday slammed the attack by an unidentified group on the residence of a BBC correspondent who had named in a recent report, an extremist Muslim group as being behind recent communal violence in the Mutur area of Trincomalee. "We strongly condemn the attack on the house of Ponnuthurai Satchivanandan on Wednesday morning," said a statement issued by the Sri Lanka Tamil Media Alliance.

The statement further stated:

The journalists said that according to reports, Mr.Satchivanandan's house was attacked in connection with an interview given by him to the BBC Tamil channel claiming that a Muslim group had been responsible for the disturbances in Mutur area. Following the interview an unidentified group had gone to his house in search of him and had attacked his house, an orphanage and the office of the rural development association under his management.

When the incident took place Mr.Satchivanandan was not in his house. Hence he escaped but his father-in-law Mr.Oppilamani was injured in the attack.

The Tamil Media Alliance said the police and the security forces appeared to have taken little or no action to prevent the daytime attack. The journalist appealed to the Government to hold an impartial inquiry. (Daily Mirror – 29 June 2002)

The gang removed all the computers, printers and other electronic equipment and set fire to newspapers and documents. A worker from the Thinakkathir press and the Editor were assaulted by the gang.

"They came in a van. The persons who forced their way in to the office had their faces covered," Mr.Rushangan said. The gang locked up the editor, his wife and members of the staff in the office hall before it made off with the computers, printers, phone recorder etc.

Journalists in Batticaloa staged a half an hour picketing blocking the traffic across the main road in front of the newspaper office. The picketing was organised by the East Lanka Journalists Association, condemning the attack on Thinakathir newspaper office.

The United Nations Special Rapporteur on the Independence of the Judiciary and the Legal Profession, Dato Param Cumaraswamy condemned the imprisonment of Anthony Michael Emmanuel Fernando and said that he will be informing the UN Human Rights Commission about the unjust imprisonment of a person who had come to courts seeking justice.

Cumaraswamy, who was on an official visit to Sri Lanka made known his displeasure at a media briefing where he said that the court action had attacked the independence of the Judiciary system and the Law. He also said that he was surprised to hear some of the court cases. "I was stunned and surprised to hear that a trade unionist who had come to courts for justice had been served injustice", he said.

The petitioner, Fernando who had filed a fundamental rights case was imprisoned for one year for contempt of court, following his demand that the Chief Justice be removed from the Panel of judges, hearing the case, Fernando was subsequently assaulted in prison, and is now hospitalised.

Cumaraswamy who visited Fernando at the General Hospital, Colombo said that he didn't know what crime Fernando had committed to warrant him one year imprisonment.

"He also had been tied to a bar with an iron chain and he had been attacked in a prison van. I was informed that three officers had been suspended on the issue. But, I am not sure," Cumaraswamy added.

Pointing out that as well as the independence of the judiciary, lawyers and judges must also be concerned about the accountability of Judges. He asked why the Bar Association of Sri Lanka or any other organisation failed to rush to the petitioner and help him. Cumaraswamy also pointed out that the CJ had refused an AGM of Judges and had summoned a compulsory meeting for judges attacking their rights of association and meeting.

"This kind of things would definitely bring a black mark on Sri Lankan Judiciary and several countries have already written to Sri Lanka on the issue. I think, the time has come for law practitioners to wake up", Mr. Cumaraswamy stressed. (Sunday Observer – 02 March 2003)

The Prime Minister made this observation when inaugurating a three day conference of Chief Justices of the world at Colombo Hotel Oberoi. Chief Justices from nine countries including Nepal, Bangladesh, Tanzania, South Africa, Uganda, Phillipines and Karnataka state in India participated at the conference.

Mr. Ranil Wickremasinghe further said," action against frauds in the judiciary should not be restricted to agitation on the national level. Attention of the Asian countries should be drawn to forming a national charter on the freedom of courts and human rights. Struggle against fraud in the legal field should not be restricted to national level and time has come to launch action on regional basis."

Referring to the Indian judiciary, the Prime Minister said the Indian Supreme Court has rendered an immense service in the past five years to safeguard the rights of civilians. This has caused considerable impact to create an Indian identity. " However the situation in Sri Lanka is completely different," said Mr.Ranil Wickremasinghe.

"It is questionable whether the Sri Lankan judiciary fulfilled its duties and responsibilities to safeguard the rights and freedoms of various communities in the country. This has led the Tamils to launch an armed struggle to create a separate state in the country," said Mr.Wickremasinghe.

A 'Chief Justice', an 'Attorney General' , a post equivalent to the Legal draftsman and a range of other 'judges' varying from 'Court of Appeal judges' to 'Magistrates have also been appointed. As in any other court in the south, Registrars and interpreters have been appointed.

"Our legal system is a strong one. We have based our system on the existing Sri Lankan, Indian and British laws. We have carefully studied these laws and made our own laws," says the LTTE's Legal and Administration division chief Illayathamby Pararajasingham, one time Member of Parliament.

Following are excerpts from the interview with the legal chief who is popularly known as Para.

Our leader felt that the legal system in the country was not helping the poor. Therefore he decided that the 'Tamil Eelam' areas should have a separate courts and a legal system which could serve the poor. From the early 1990's we have been developing the legal system. We introduced the 'law college' in 1992 with the courses first being opened only to the LTTE armed cadres who had passed the Advanced Level examination. The first batch only included 25 students.

Today as many as 700 people including LTTE cadres send in applications to join the 'law college' . But only 50 are selected to follow the five year course which includes three years academic and two years apprenticeship.

They follow lectures given by lawyers living in the LTTE controlled areas, as well as lawyers who come from the south for lectures at the college in Mullaitivu. The college will soon be offering a scholarship scheme for poor children with A/Level qualifications. The courses cover a wide range of subjects. (See separate story about LTTE 'Law College').

It is not to challenge the system in the south, but to run a smooth civil administration in the north. We should have a system suitable for the people.

It is now that we are formalizing the courts system. All these years most of the matters taken up were reconciliation matters. We are now expanding the formal court system.

After the LTTE and the government signed the MoU people are gradually returning to normal life and there is a need for civil laws to be effective. Some of the main cases being taken up at our courts are cases related to land disputes and money transaction disputes. Some people returning home have found that some of their houses and land are being occupied by others.

There is a vacuum due to the non - existence of a legal system. We have to maintain law and order in the areas controlled by us. For this purpose we need the court system.

When there is a complaint , we have to take action whether it is from the cleared area or the uncleared area. We know of instances where the government police in the east have advised people to come to our police and make complaints.

Subjects are lectured by those who are experts in the field , those qualified at the Sri Lankan Law college and by those qualified at the law colleges of Tamil Eelam . Matters of Law , and legal techniques of the countries like Sri Lanka, India, Malaysia and Britain are included in the subjects.

Administration of Law college: A person who is a qualified expert in this field will be in charge of administration. Senate: An official will be in charge of this senate and senior lecturers and the experts in this field will be members of this senate. The Senate will meet to decide on the matters pertaining to students welfare, studies, examinations, release of results of examination, new academic year, convocation etc.

Study Course: Course is conducted in two categories as Internal and External courses. Freedom fighters and outside students fall into the first category. University graduates, employees from the government departments and non - governmental organizations, employees from the recognized organizations are admitted as external students.

Selection of Students for the Study Course: Those who have passed G.C.E. (A/L) Examination, university graduates, employees who have completed seven years of service in governmental and non - governmental organizations are admitted to these courses. Examination: Examination is held at the end of each academic year.

Subjects;

We have an independent system says 'District Court Judge'

Thambirasa Varathishwaran, 34 is one of the students of the first batch of the 'LTTE law college' opened in 1992 in Mullaithivu. Today he is one of the 'senior judges' serving in the Kilinochchi 'District Court'. He has served in four areas over the past seven years and taken up more than 1000 cases.

Varathishwaran hailing from Batticaloa was a member of the LTTE military wing, but later opted to join the first batch of the 'law college'.

Speaking to The Sunday Times at the Kilinochchi 'District Court' he said cases to the courts are forwarded by the police. Police can keep a suspect in their custody only for 24 hours. If the police fail to carryout these instructions they are questioned and in some instances warned by the 'Courts'.

"The police' files a 'B' report, but the 'courts' do not accept it as it is. We cross examine the accused and try to determine whether the facts in the 'B' report are accurate. Unlike in the South we do not accept confession reports and charge persons," he said.

"After we are satisfied with the 'B' report we also summon any other party involved in the case. They can come with any lawyer, from any part of the country, but would have to take oaths in the LTTE courts before appearing there," he said.

"The maximum amount a lawyer could charge his client is Rs. 300 per appearance. But on many occasions people cannot afford this. For this we have lawyers who appear free of charge.

"In our legal system any case cannot exceed more than six months. So far all the cases have been finished within this period. The judicial system here is very independent. There are some cases against LTTE cadres. Some of these cases are taken up at 'military courts' which is a different set up," he said.

LTTE Courts structure Supreme Court:

Consists of three judges appointed by National Leader. It has the final jurisdiction with final judgements in respect of all cases.

Consists of three judges who sit together in trials. Functions as the court which has jurisdiction on appeals in respect of cases tried before, by the high courts, District Courts and the Special Court.

(Sits only whenever the need arises): This court sits with three judges , who have been selected and arranged by the Chief Justice to hold the trials of criminal cases, that should have arisen out of incidents that have taken place in special circumstances and that be special events.

This court has the jurisdiction to try certain criminal cases in the terms of Court of Appeal Act.

The primary court with the jurisdiction in respect of civil cases.

The primary court with the jurisdiction in respect of criminal cases.

Family Council will be formed in District Courts (Civil) and will be responsible for resolving family disputes. (Sunday Times – 08 December 2002)

The man who is regarded as the 'Chief Justice' of the Tamil guerrilla 'courts' says lawyers passing out from Sri Lanka Law College and Law Faculties could appear and argue for their clients in 'Thamileelam law courts' in the northeast province, but would have to take oaths in 'Eelam courts' before their appearances.

S. Opilan made the comments after the ceremonial opening of the Trincomalee District 'Court of Thamileelam' at Kattaiparichchan early this week. At the ceremony along with Opilan the 'District Judges' of Kilinochchi and Trincomalee Mr. Maniarasan and Mr. Mayuran were also present.

" There are sixteen 'Thamileelam law courts' in areas held by the LTTE in the northeast province.

LTTE cadres who obtained training in the judiciary are holding judicial posts. We dispense justice under the 'Thamileelam criminal and civil procedure codes," Mr.Opilan said. Elaborating on the 'Thamileelam Law College' he said that it was functioning since 1990 and upto now six batches of lawyers have passed out from the college.

He said upto now Thamileelam courts in LTTE areas had disposed of more than 23,000 Less than five percent of litigants had appealed against the judgments. This shows that more than ninety five percent of the litigants were satisfied with the judgments of the LTTE courts. (Sunday Times – 08 December 2002)

25 November 2002 - All the eighteen accused in the Mylanthanai massacre case were acquitted by the High Court Judge Mr.S.Sriskandarajah when the Sinhalese speaking Jury brought a unanimous verdict of not guilty.

On August 9 1992, soldiers of the Sri Lanka Army have entered Mylanthanai village in Batticaloa district and murderd thirty-five Tamil civilians including fourteen children.

The High Court Judge concluded his charge to the Sinhala speaking Jury. After about three hours the Jury returned and delivered its verdict. The Foreman of the Jury submitted to HC Judge that they were unanimous in their verdict that all the eighteen accused were found not guilty!

At that stage the High Court Judge told the Jury that he was not satisfied with their verdict . The High Court Judge asked the Jury to retire once again and conduct fresh deliberation. The Jury then retired for second time and brought the same verdict of not guilty after about an hour deliberation among them.

Hence the HC Judge acquitted all the eighteen accused.

Twenty three accused in the Bidunuwewa massacre case were yesterday discharged when the prosecution closed its case before the Trial at Bar at Hulftsdorp. However, the remaining 18 accused will be facing trial.

The 28th accused was ordered to be handed over to the Military Police as he is an Army deserter.

The Trial at Bar comprised High Court Judges Sarath Ambepitiya (President), Eric Basnayaka and Upali Abeyratne.

According to the indictment, 41 accused are charged on 83 counts including unlawful assembly,committing the murders of 28 persons and attempted murder of 14 others at the Bidunuwewa Rehabilitation Centre at Bandarawela on October 25 ,2000.

The State Counsel Priyantha Nawana, stated that all accused in the case could be categorised into three. The 1st, 2nd and 3rd accused are the trainees of the Teachers Training College and 4 - 31 accused are the villagers who allegedly took part in the attack while the 32-41 accused are the policemen on duty at the Bidunuwewa Rehabilitation Camp on the day of the attack.

He said that Asoka Ganeshamurthi, the prosecution's witness testifying before the Trial-at-Bar had failed to identify the 1st, 2nd and the 3rd accused in open Court as those involved in the attack. Earlier the witness had identified them in Identification parades held in connection. As a result of this major lapse, the prosecution does not wish to proceed further, said the Counsel. (Daily News – 22 January 2003)

30 January 2003 - The trial-at-bar comprising three judges of the Colombo High Court in the Mirusuvil massacre case ordered remand for the five accused soldiers of the Sri Lanka Army and issued warrant on four vital witnesses who had intimated through the State Counsel from Jaffna their inability to attend the trial due to fear.

The trial was put off for February 10, and the court directed the Jaffna Deputy Inspector General of Police (DIG) to produce the witnesses including a sole survivor in the massacre incident on the next date with adequate protection.

Six soldiers of the Sri Lanka Army including a lieutenant were indicted by the Attorney General accused of the murder of eight Tamil civilians in December, 2000 at Mirusuvil, in the Jaffna peninsula.

The massacre took place when eight residents of Mirusuvil, but who were displaced due to the military occupation of the area, went to visit their old homes. They were accosted by the military and were killed and the bodies dumped in a lavatory pit.

10 January 2003 - The Sri Lankan Defence Minister, Mr. Tilak Marapone, said in parliament that a decision on abolishing the Prevention of Terrorism Act – PTA would be made only after considering all future repercussions of such a removal. The present situation is "not conducive to doing away with the PTA," said Mr. Marapone, a former Attorney General.

Seeking the abolition of the PTA , was moved by a private member motion by the Tamil National Alliance – TNA, Parliamentarian Mr. A. Vinayagamoorthy,.

Tabling the motion in the parliament, Mr. Vinayagamoorthy, the leader of the All Ceylon Tamil Congress, a main constituent of the TNA, said the draconian PTA should be abolished. The act had failed miserably to achieve its objectives. Instead, law enforcement authorities use it against innocent Tamil people, especially in the North-East province by the law enforcement authorities. The PTA had provided more powers to the Police to arrest persons without any trace of evidence against them. The Police first arrest Tamils under the PTA and thereafter cook up evidence against those arrested by extracting confessions through torture. Hundreds of violations of human rights had taken place in the country especially in the North-East due to the implementation of the PTA, said Mr. Vinayagamoorthy.

Seconding the motion, Trincomalee district TNA MP, Mr.R.Sampanthan, the Secretary General of the Tamil United Liberation Front, said hundreds of Tamil people face numerous difficulties due to the draconian PTA. Several local and international human rights organizations have urged the removal of the PTA. The PTA can be abolished without delay, as the country is not facing armed conflict at present. Mr.Dilan Perera, MP of the main opposition People's Alliance said his party would support the demand for the abolition of the PTA. All members of the parliament irrespective of party differences should support the abolition of the PTA, he requested.

14 February 2003 - Three children who sought to join the LTTE, were handed over to their parents by the head of the LTTE's political division in Vavuniya in the presence of Sri Lanka Monitoring Mission (SLMM) members. Last week, a group of three children was similarly handed over to their parents in Vavuniya.

Meanwhile, the attention of the SLMM has been drawn to complaints that Sri Lankan military intelligence-SLMI personnel are visiting the homes of children returned to their parents, and forcing the children to make false complaints to the Human Rights Commission that they did not seek to join the LTTE, but were forcibly recruited by the LTTE.

The complaints also allege that the intelligence personnel are harassing the children, repeatedly asking the children about the name of LTTE leaders they met, where they were taken, and many other details.

AP World, 4 March 2003, COLOMBO, Sri Lanka - With 51,000 soldiers in Sri Lanka's army having deserted during years of civil war, military commanders Tuesday said they would allow many former troops to rejoin the ranks while others would be discharged without facing charges.

The nation's army now numbers 100,000. The quitters left during the 19 year war with Tamil Tiger rebels, which left 65,000 dead. The two sides entered a truce a year ago. Many of the deserted soldiers turned to crime after leaving their bases.

"These soldiers are engaging in crimes because they are unable to lead a legitimate life. The primary objective is to help them to be employed and lead a normal life," military spokesman Brig. Sanath Karunaratne said.

The military will allow deserters who left their posts less than three years ago and have not been convicted of any crime to rejoin the army, Karunaratne said. During the civil war, the army would occasionally grant amnesties to deserters to encourage them to rejoin the forces and make up for a shortage of troops.

The followingm are the details of the mines and unexploded ordnance recovered in the Pallai area since March.

1. Anti-personnel mines 3840 (2) 60 mm shells 14000 (3) 82 mm shells 2500

(4) 81 mm shells 2200 (5) 40 mm shells +700

(6) Grenades 1140 (7) Rifle grenades 520

As a gesture of goodwill and commitment to the peace process, the LTTE has blown up some 6,000 landmines which had been hidden in the Kilinochchi area, state television Rupavahini reported last night. It said the explosion of the landmines was a significant gesture. (Daily Mirror – 7 November 2002)

Inter Religious Peace Foundation (IRPF), issuing the 'Landmine Monitor Report -2002', revealed that over 10,000 civilians and security personnel have been affected by antipersonnel mines so far, while more than 700,000 mines are yet to be cleared.

Addressing a media briefing held in connection with the Asia-Pacific Landmine Monitor Researchers' Meeting, which will be held from Monday to Thursday, IRPF Assistant Secretary and Landmine Monitor Researcher for

Sri Lanka Saliya Edirisinghe said land mine casualties in North and East continue to be unreported although the number of casualties are high.

He said that ceasefire is finally enabling significant mine action activities, but there is a great concern about mine dangers to displaced persons as they begin to return home.

"It has been reported that for the removal of landmines it will take 15-20 years to remove the landmines completely, specially in North. There are no social or economic reintegration programs specifically targeted at antipersonnel mine survivors. There are, however, various general rehabilitation projects underway in the country, including Jaffna, implemented by a variety of organizations both local and international,". (Daily Mirror – 25 January 2003)

Mannar District Vavuniya district Trincomalee District

Batticaloa District Amparai District Jaffna District

Places of worship, Schools , Public buildings within the High Security Zone under military occupation

November 2001 - According to a press report in Vanni, thirteen thousand three hundred and seventy nine civilians died in the Kilinochchi and Mullaithivu districts due to the economic embargo imposed by the Sri Lankan government from 1990 to 1999.

Most of the deaths, destruction of civilian property and mass displacement took place after the People's Alliance came to power in 1994. Four thousand eight hundred and seventy nine civilians died in the Mullaithivu district between 1994 and 1999 due to the direct impact of the economic embargo on the Vanni, particularly due to the severe restrictions on medical supplies.

It added that thousands of civilians have perished in the Vanni districts of Mannar and Vavuniya in Sri Lanka army operations, massacres, assassinations by paramilitary groups working with the army and torture in Police and military detention.

13 February 2003 – According to Killinochchi Government Agent – GA, although there is a significant drop in reported cases, malaria is still highly prevalent as there were 1746 persons were severely affected by the epidemic in 2002.

Officials in the Department of Health disclosed that epidemic preventive measures in Kilinochchi have improved since the removal of embargo on medicines and economic activities. However, the shortage of doctors, nurses and other resources in the Department of Health continue to be serious issue. It is therefore very difficult to expand the services to a satisfactory level.

24 February 2003 - During a seminar on the issue of nutrition held recently in Vanni, health officials in Pooneryn in Kilinochchi district informed that of the 3299 children of under 5 years in the region, 1371 are affected by malnutrition.

The Jaffna peninsula is experiencing an outbreak of Typhoid and Influenza with the dawning of the New Year, while the epidemiologists are yet to discover the reason behind the sudden outbreak.

Nearly 10 people in the Northern Province had died with the outbreak with nearly 500 suspected cases hospitalised suffering with this flu.

The Head Epidemiologist of the Health Ministry, Dr. T. A. Kulathilaka said although it was common to have cases of Typhoid from the North and Central provinces, it was unusual to have such a high number of cases and deaths.

"An epidemiologist was sent to the area to investigate the matter and action could be taken only after the primary investigations were completed," Dr. Kulathilaka said.

He further expressed fears of both diseases spreading to the centre of the country and said evacuation is still under consideration.

Meanwhile, the Jaffna General Hospital and other district hospitals were suffering from a dearth of pharmaceuticals and staff to manage an outbreak while medicine is still being dispatched to the North. - (DTH) (Daily Mirror – 01 January 2003)

The statistics are distributed thus:

Madhu 2,194 Vavuniya North 2,679

Thunukkai 5,000 Mullaitivu 6,356

Kilinochchi 10,006

05 February 2003 - In Mullaitivu district, five schools have not been functioning from 1990, and only 50% of the teacher vacancies have been filled placing the educational welfare of children in the district in an unacceptable state.

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Schools in Kokilai, Nai Aru, Thaneer Ootu Muslim Vidyalayam, Mullaitivu Muslim Vidyalayam and Unnpilavu school have not been functioning for more than ten years.

Mullaitivu dis