SRI LANKA

 (War Crimes and Crimes against Humanity)

 

 

Wake up call

to the UN Human Rights Council

 

 

 

Appel la prise de conscience du

Conseil des Droits de l'Homme - Nations Unies

 

 

 

Llamado para reaccin urgente del

Consejo de Derechos Humanos-Naciones Unidas

 

  

Website : www.tchr.net

   

 

4th session / 4me session / 4 perodo de sesiones

12/03/2007 -- 30/03/2007

  

LOGO

 

 

Tamil Centre for Human Rights - TCHR

Centre Tamoul pour les droits de l'Homme - CTDH

Centro Tamil para los Derechos Humanos

(Established in 1990)

 

 

 

In Sri Lanka - A person is abducted every five hours!

 

"It has been reported by local and international human rights organisations that a person is abducted every five hours. Kidnapping, abductions, killings have now become common incidents. No matter who does it, as a government we are responsible for it."

 

Mangala Samaraweera, Minister of Foreign Affairs and Port and Aviation Minister.

Letter written on 23 January 2007

 

 

 

 

 

Sri Lanka faces international isolation

 

"Sri Lanka faces international isolation for failing to pay close heed to human rights issues",

Former Minister of Foreign Affairs, Mangala Samaraweera. AFP, 15 February 2007.

Mangala Samaraweera and two other Ministers were sacked

by the Executive President Mahinda Rajapaksa on 9 February 2007

 

 

 

 

 

Human rights violations with President's consent!

 

Samaraweera further states that when he was Foreign Minister, some countries even charged that the President had to remain silent in the face of human rights violations because he could not control certain sections in government.

 

"Some others alleged that the human rights violations were taking place with the President's consent", he has said.

 

(Former Minister of Foreign Affairs, Mangala Samaraweera of Sri Lanka,

Sunday Leader, 25 February 2007)

 

 

 

 

 

Sri Lankan police, troops involved in abductions - Police chief

 

6 March 2007, COLOMBO (AFP) - Sri Lanka's police chief said police and security personnel have been involved in ransom kidnappings of civilians, vowing to crack down on mounting abductions and killings.

 

Police Inspector General Victor Perera said Tuesday that a "large number" of police officers and troops had been arrested on charges of abduction and extortion. In some instances ransoms had been paid abroad.

 

 

Tamil Centre for Human Rights - TCHR

Centre Tamoul pour les droits de l'Homme - CTDH

Centro Tamil para los Derechos Humanos

(Established in 1990)

 

Website : www.tchr.net

    

TCHR participation in United Nations World conferences

and other meetings

 

*       The Tamil Centre for Human Rights (TCHR) officially accredited to participate in the United Nations Conference on Anti-corruption Measures, Good Governance and Human Rights, in Warsaw, Poland 8–9 November 2006.

 

*       A meeting was held on 7 March 2006, in the European Parliament – titled "EU contribution to the peace process in Sri Lanka". This was jointly organised by TCHR and Mr. Robert Evans, a member of European Parliament of Labour Party in UK.

 

*       Accredited by the United Nations to participate in the World Summit on the Information Society – WSIS in Tunisia, 16 – 18 November 2005.

 

*       Officially participated in the NGO forum of the UN World Conference Against Racism – WCAR in Durban, South Africa, from 28 August to 1 September 2001. TCHR held an information stall including an exhibition at the forum. The TCHR representatives also attended the main WCAR conference held in Durban, 31 August to 7 September 2001.

         (http://www.tchr.net/reports_wcar_detail.htm)

 

*       A meeting was held on 14 October 1998, in the European Parliament – titled "Press censorship in Sri Lanka". This was jointly organised by the Tamil Centre for Human Rights (TCHR) and Ms. Anita Pollack, a member of European Parliament of Labour Party in UK.

 

*       In 1993, held an information stall and a photo exhibition on human rights violations, in the United Nations 2nd World Conference on Human Rights held in Vienna, Austria, from 14-25 June.

 

*       TCHR participates in meetings of Treaty bodies and submits reports to the same.

 

 

Fact finding missions to the North East of the Island of Sri Lanka

 

*       May 2003                                                               (http://www.tchr.net/report_studymission_2003.htm)

*       December 2003 – addendum report             (http://www.tchr.net/report_studymission_2003add.htm)

*       July-August 2004                                         (http://www.tchr.net/reports_visite_2004.htm)

  

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Table of Contents

 

Appeal                                                                                                                03

 

General information

Comparison on Right to Self-determination                                                    05

            Message of H. E. Jacques Chirac                                                                 06

UN intervention - the new bug                                                                     

                        UN several thousands reported fleeing                                                        

UN calls for the protection of civilians in Sri Lanka                             07

IMF Quits Sri Lanka - may return!                                                      08

Donors warn against escalation of Sri Lanka conflict                        

Defence costs blast economy                                                           09

Hardline Sri Lanka monks mobbed us -- Dutch aid group                                           10

HR violations galore in 2006                                                                         11

Batticaloa attack - Security negligence?         Daily Mirror                                       

Diplomats escapes from artillery fire - LTTE apologized for the incident         12

Ministry of Foreign Affairs – Italy                                                        13

An anti-war rally disrupted by a band of assailants                                       

Anti-war organiser attacked - Deputy Minister was leading the gang!    

 

Abductions and Disappearances

            Sri Lanka faces international isolation – Sacked, Minister of Foreign Affairs     15

            "A part of the government is involved in abductions"                                    

Sri Lankan police, troops involved in abductions - Police chief                                 16

            "Sri Lanka has the highest levels of disappearances in the world."              

Abductions, disappearances haunt Sri Lankan civil war                                           

 

Vice-Chancellor of Eastern University abducted in Sri Lanka

         Vice Chancellor reported missing in the capital Colombo                               17

            Global appeal for release of Vice Chancellor Raveendranath                                  

            Amnesty Appeal on VC Raveendranath                                                                   19

            Sri Lanka's abduction industry has top academic in its grip                           20

            No breakthrough in Ravindranaths abduction                                                          21

Disappearances in human rights law                                                   22

Abductions carried out by the Paramilitary outside North East

Five headless bodies in an estate at Avissawella

 

Extra-Judicial Killings

4000 dead in past 15 months – SLMM                                                                     27

Parliamentarian Raviraj, killed by the Paramilitary in Colombo                        28

            Calls for witness protection - BBC Sinhala Service                                         

            Lankan inquiry of no use says former SLMM Chief                                       

            Experts return 'empty handed'                                                                                  29

            Calculating risk - Guardian, UK                                                                                 30

Security Forces Gun Down Evangelical Pastor in Sri Lanka                          

Christian Pastor shot dead by the Sri Lanka Army in Jaffna                          31

Sri Lanka – Churches increasingly targeted in civil war                                             

            Threats and Attacks in Southern Sri Lanka                                                   33

Sri Lankan Government made Jaffna Peninsula as an open prison              34

            Method of Torture                                                                            

                       2000 Civilians killed and disappeared                                               

 

Arrest and detention

         Tamil detainees were on fast unto death                                                      35

            Arrests of Tamils continues!                                                                         

Sri Lanka's Upcountry Tamils are more prone to arrest                                              37

'Hundreds of' Indian Tamils detained                                                           

List of detainees from Selvanagar army camp transferred to Boossa prison  38

 

1

Press Freedom and Freedom of Expression

Press Freedom is in peril in Sri Lanka!

Reporters without Borders - RSF - Annual report 2007                                    39

Arrest of Director of publishing house in Sri Lanka!                                       40

Female journalist Mawnasamy Parameshawaree                              

Newspaper linked to Sri Lanka`s Foreign Minister raided                  

Harassment of "Mawbima" Weekly                                                    41

Journalist reported missing in Jaffna                                                            

Sri Lankan state crackdown on Independent Media – WPRM                                   42

Open letter to the donor countries ambassadors – RSF                                           43

Government told to renounce war against media                                          44

Journalists flee country due to security fears and death threats                               

Mystery over arrest of three suspects                                                            45

Akuna newspaper staff abducted                                                      46

Print and Ink Shortage in Jaffna Undermines Press Freedom IPI              

Sri Lankan journalists protest killings, unofficial censorship                            47

IFJ demands full investigation into death threats against journalists             

Condemnation of attack against journalist                                                     48

Concerns about the dire situation of media in Sri Lanka                                          

"Thinakkural" Journalist M. A. M. Nilam threatened by Minister Fowzie                      49

International mission find deteriorating security situation for media               

Journalist's house attacked                                                                           50

Assault on Journalists                                                                                  

Shocking violations of journalists rights continue in Sri Lanka                                

Photo journalist assaulted and his camera snatched by police                                  51

10,000 copies of Tamil Daily Virakesari burned by Paramilitary group                        52

IFJ denounces bombing of Voice of Tigers in Sri Lanka                                           

 

Internally Displaced People

            Displaced people in Batticaloa district – ICRC                                               53

            Sri Lanka – ICRC Bulletin, 19/01/2007                                                                     54

            20,000 displaced face tough time in eastern Sri Lanka (UNHCR)                  55

Tens of thousands of IDPs without protection and assistance                                 

Over 209,000 newly displaced in 2006 (October 2006)                                            

The current displacement situation - UNHCR                                                 56

Inter-Agency Standing Committee (IASC) Situation Report 22 February 2007          

            Ampara District                                                                                             

                       Batticaloa District                                                                              

                       Trincomalee District                                                                           57

                       Vavuniya and Mannar Districts                                                                     

Kilinochchi & Mullaitivu Districts                                                                     58

MSF Responds to ongoing violence in Sri Lanka                                         

                       What are the conditions on the whole of Jaffna peninsula?                 59

How has the situation evolved since MSF was in Point Pedro?                    

The Situation in Jaffna – the major problems                        

 

Annexes

Karen Parker's letter to the United Nations VIPs                                                        60

President Rajapaksa's 14-month achievements - by Jayantha Gnanakone       63

ACTC calls for UN peace keeping force in Lanka                                          64

Protest against the deteriorating conditions in Education                                          65

 

TCHR summary from August 2006 (names, dates, place of incidents etc)

Arbitrary arrest / detention                                                                             66

Extra judicial killings / summary executions                                                    71

Enforced or involuntary disappearances                                                                  89

 

 

 

 

 

 

2

 

                                                                                 

 

                                                                                                                                                                                                                                                                                        12 March 2007

The President

Members and Delegates

4th Session - Human Rights Council

United Nations

1211 Geneva 10, Switzerland

 

 

Distinguished Sirs / Mesdames,

 

We regularly report on the human rights violations taking place in the Island of Sri Lanka. Our reporting and summary of victims is based on indisputable facts, the authentic details of which are sent to us by our representatives directly from the spot where the incidents occur.

 

In this submission, we take stock of the last few months of violations perpetrated by State and Paramilitary terrorism in Sri Lanka, with authentic evidence.

 

Sirs / Mesdames, when we consider the history of the island, evidence proves that three different kingdoms existed in distinctly separate areas, before the arrival of the first colonialists, the Portuguese, in 1505. One of these three was Tamil, and was known as the Jaffna Kingdom, covering the area of the North and East, the Tamils' hereditary regions. From 1833 onwards all three kingdoms were brought under one administration by then colonial power, the British, for their administrative convenience.

 

Even prior to the Independence of the island in 1948 from the British, there had been many negotiations between Tamil leaders and Sinhala leaders to resolve the ethnic conflict.

 

It is to be noted that the armed conflict started only in 1983, after the failure of 35 years of peaceful non-violent struggle by the Tamils to protest against the Sinhala oppression. All protests were suppressed by violent means by the Sri Lankan security forces, inflicting loss of many lives and much material damage to the Tamils.

 

After independence, talks between Tamil leaders and Sinhala leaders (the latter being either Prime Ministers or President) to resolve the ethnic conflict in the island, led to the signing of some agreements which were then unilaterally abrogated by the then Prime Ministers.

 

Two important agreements of 1957 (Banda – Chelva Pact) and 1965 (Dudley – Chelva Pact) were unilaterally abrogated by the Prime Ministers. The MoUs signed between the LTTE and governments of Sri Lanka were also abrogated in 1994 by then President Chandrika and in 2005 by President Rajapaksa.

 

As far as the human rights situation in the North East is concerned, it has been deteriorating since independence. Sinhala colonisation in Tamil hereditary regions, anti-Tamil pogroms in 1956, 1958, 1977, 1981, and 1983, systematic cultural genocide, pre-meditated Mafia style killings, arrests, detentions, abductions, disappearances, multiple displacements of people, rapes and gang-rapes of Tamil women, and a systematic economic embargo to the North East are also part of the sad history of the Tamil people.

 

Enforcement of an economic embargo since 1987 with few intervals, starving the people to death and imposing calculated dire hardships and immense difficulties is part of the ethnic cleansing.

 

The situation of the Internally Displaced People (IDPs) remains intolerable. In the North East, the security forces have created High Security Zones in the vacated premises of the IDPs, occupying civilian homes and buildings.

 

The introduction of the Prevention of Terrorism Act (PTA) in 1979 and more than 37 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".

 

Presently over a thousand Tamil political detainees are in detention in various prisons. They were arrested under the PTA, the ERs and the draconian new law, the Prevention and Prohibition of Terrorism and Specified Terrorist Activities Regulations (PPTSTAR). The authorities should either institute legal action against them or release them without any further delay.

 

Press freedom and freedom of expression are in peril in Sri Lanka. Journalists are arrested, tortured, abducted, disappeared and killed over-night. Misinformation is heavily used by the Sri Lankan government to distort the real picture of what is happening in the conflict areas.

 

Since the present Executive President, Rajapaksa, who is the Commander in chief of the Sri Lankan security forces, took office in November 2005, the North East has been facing a merciless and bloody war, in which the vast majority of victims are Tamil civilians. The daily occurrence of abductions, disappearances, political killings, aerial bombings and artillery shelling are causing terrible hardship to the people in the North East, in Colombo and in the up-country area where Tamils are also severely affected by disappearances and killings.

3

Impunity is a very serious problem in Sri Lanka. Many notorious human rights violators in the Security forces have got the best promotions. Some are appointed as Defence Secretary, Ambassadors in foreign countries and also given special awards by the head of state! The mercenaries, the Paramilitaries are also given Ministerial posts, VIP security and highly protected Luxury accommodation in Colombo. They are also paid a lump some for their gruesome service to the state.

 

Sirs / Mesdames, according to article one of the International Covenant on Civil and Political Rights -ICCPR and International Covenant on Economic and Social and Cultural Rights - ICESCR, the demand for the right to self-determination of the Tamil-speaking people is their birth right. In the free and fair elections held in July 1977, the Tamil people overwhelmingly voted to establish and exercise the Right to Self-determination in the North East. It is a surprise, why this democratic mandate is continuously ignored by Sri Lanka and the international community.

 

For the last twenty four years, the LTTE has been engaged in an armed struggle with the support of the Tamils in exercise of this right to self-determination in the Tamil hereditary regions.

 

In the last General elections in Sri Lanka (April 2004), the political party "Tamil National Alliance (TNA)" won overwhelmingly in 22 electorates in the North East. Their election manifesto stated, "Accepting LTTEs leadership as the national leadership of the Tamil  Eelam Tamils and the Liberation Tigers as the sole and authentic representatives of the Tamil people, let us devote our full cooperation for the ideals of the Liberation Tigers struggle with honesty and steadfastness".  

 

After nearly a quarter century of armed conflict, there is a de-facto government in the Tamils' hereditary region under the LTTE administration. It has been in existence for more than 15 years and it has its own infrastructures.

 

The Tamil Eelam police and judiciary are functioning well and are maintaining law and order within this de-facto state. The Tamil Eelam Law College has built up its professional expertise and both the police system and the judicial system have the confidence of the people, and comply with international standards. Also the Banking and Educational institutions are in place, as well as welfare centres for children, disabled people, elders and war victims.

 

Since independence, successive Sinhala governments, rather than finding a genuine political solution to the ethnic conflict in the island, have sought aggressive and military options. Clearly breaching the Ceasefire Agreement (CFA) and declaring war, the current government is seeking a military solution to the islands bloody ethnic conflict at this very moment. In the meantime the government is trying to create political turmoil between the Muslim and the Tamil people, who have lived together in harmony for centuries.

 

Sirs / Mesdames, you all are well aware that since last October Diplomats of the European Union took the initiative and Finland as the holder of the EU presidency tabled a draft decision 2006/..... Sri Lanka (A/HRC/2/L.37) in the Human Rights Council. Unfortunately, as anticipated by many, this was unsuccessful in the past sessions and it is doubtful whether it will be successful even during the current sessions.

 

International human rights law and international humanitarian law are being severely and massively violated by Sri Lanka. Considering all the ground realities and administrative difficulties, the best mechanism in hand which can be used, is to charge the President of Sri Lanka, the Commander-in-Chief of the Sri Lanka security forces and other military officials with War Crimes and Crimes against Humanity.

 

Given the current situation, there will not be a durable solution in this island, unless the Sri Lankan security forces, composed of 99% Singhalese personnel, are withdrawn from the Noth East and a mediated political solution to the island's conflict is found.

 

As an urgent need – the welfare of the IDPs has to be taken care of, by international institutions.

 

A reflection on the global experiences of resolving ethnic conflicts, before and after the establishment of the United Nations, shows that Norway-Sweden, Malawi-Central African Federation, Eastern European countries, Eritrea, East Timor and Kosovo, have all found their durable solutions with the support of the International Community.

 

The International Community needs to realise that it is failing in its duties regarding Sri Lanka and that it is backing an aggressor which is perpetrating crimes against humanity against a people struggling for their Right to Self-determination for many decades.

 

Thank you,

 

Yours sincerely

 

 

S. V. Kirubaharan

General Secretary

 

 

4

 

 

 

 

Tamil homeland (Tamil Eelam), compared with some countries

which are member states of the United Nation

 

Tamil Centre for Human Rights -TCHR     Email : tchrgs@hotmail.com / tchrdip@hotmail.com

                                  Area

            Country                                             Population                             (Square Miles)

            Antigua & Barbuds                             81,500                                    171

            Bahmas                                             235,000                                  5,353

            Bahrain                                                          416,275                                  265

            Barbados                                           253,055                                  166

            Belize                                                 171,000                                  22,963

            Bhutan                                                          1,30M                                     18,000

            Botswana                                           1,13M                         222,000

            Brunei Darussalam                             221,900                                  2,226

            Cape Verde                                       350,000                                  1,557

            Comoros                                            422,500                                  1,557

            Cyprus                                               673,100                                  3,572

            Djibouti                                                          470,000                                  8,960

            Dominica                                            94,191                                    290

            Ecuador                                             384,000                                  10,831

            Fiji                                                      714,000                                  7,078

            Gabon                                               1.22M                         104,557

            Gambia                                              698,817                                  4,180

            Grenada                                            88,000                                    133

            Guinea-Bissau                                               935,000                                  13,948

            Guyana                                              812,000                                  83,000

            Iceland                                                          244,009                                  39,758

            Kuwait